Debates of June 10th, 2010
House of Commons Hansard #60 of the 40th Parliament, 3rd Session. (The original version is on Parliament's site.) The word of the day was quebec}.
Topics
- Question Period
- Information Commissioner
- Government Response to Petitions
- Strengthening the Value of Canadian Citizenship Act
- Interparliamentary Delegations
- Committees of the House
- Northwest Territories Act
- Criminal Code
- Food and Drugs Act
- Srebrenica Remembrance Day Act
- Ensuring Safe Vehicles Imported from Mexico for Canadians Act
- Tackling Theft and Property Crime Act
- Business of the House
- Petitions
- Questions on the Order Paper
- Questions Passed as Orders for Returns
- Points of Order
- Business of Supply
- Points of Order
- Business of Supply
- Raymond DesRochers
- Stanley Cup
- Journalism Awards
- The Economy
- Education for All
- Aboriginal Affairs
- Saint-Émile Optimist Club
- Quebec Tourism Awards
- Consumer Product Safety
- National Holocaust Monument
- Liberal Party of Canada
- Royal Canadian Mounted Police
- Citizenship and Immigration
- Georges Gagné
- Student Gala of Excellence
- Opposition Coalition
- G8 and G20 Summits
- Infrastructure
- Lighthouses
- Securities
- Copyright
- Oil and Gas Sector
- Veterans Affairs
- Citizenship and Immigration
- National Defence
- Firearms Registry
- Ethics
- Rights & Democracy
- Firearms Registry
- Aboriginal Affairs
- ISAN Canada
- Foreign Aid
- Science and Technology
- Business of the House
- Multiple Sclerosis
- Standing Committee on Environment and Sustainable Development
- Creating Canada's new national museum of immigration act at pier 21 Act
- Information Commissioner
- Committees of the House
- Privilege
- Points of Order
- Business of Supply
- Message from the Senate
- Business of Supply
- Employment Insurance Act
Standing Committee on Government Operations and Estimates
Points of Order
Routine Proceedings
10:40 a.m.
Liberal
Paul Szabo Mississauga South, ON
Mr. Speaker, I am rising on a point of order in relation to the third report of the Standing Committee on Government Operations and Estimates tabled this morning during routine proceedings on the basis that the matter reported to the House is beyond the mandate of the committee and this report, therefore, should not be admissible.
Standing Orders 108.(1) and 108.(2) lay out the powers of standing committees, the power to create subcommittees, and the additional powers of standing committees. In looking at this, it would appear that there are no general powers of standing committees that would relate to this.
This matter relates to, and I would read from the report:
--a study of the claim that the Member from Scarborough—Rouge River was actively lobbying the Government of Canada,...while sitting as a current Member of Parliament;--
This matter came before the government operations committee. The member for Scarborough—Rouge River and the member for Scarborough—Guildwood appeared at the committee as signed-in members of the committee to deal with this claim and this study that was being proposed. Their arguments why the study was beyond the mandate of the committee are laid out in that meeting.
I would also report that the clerk of the Standing Committee on Government Operations and Estimates also advised the committee that the matter was beyond the mandate of the committee, as laid out in Standing Order 108.(3)(c).
I have taken the opportunity to look down and also check, yet again, and can see absolutely no authority whatsoever for this committee to be reviewing the ethical conduct or conflict of interest of a member of Parliament.
Mr. Speaker, I would refer you to Standing Order 108.(3)(a)(viii), regarding the specific or the extra authorities of the Standing Committee on Procedure and House Affairs, which reads:
--the review of and report on all matters relating to the Conflict of Interest Code for Members of the House of Commons.
This committee, it would appear, has the authority to look into any claims related to the Conflict of Interest Code or conduct of members of Parliament, which as you know has happened from time to time.
I understand and I was advised by the member for Scarborough—Rouge River that he had submitted a supplementary or dissenting report, as authorized by the committee, with regard to this third report. It was forwarded to the clerk of the committee in advance of the deadline time and that it was in the proper form authorized by the committee. I note that the particular supplementary or dissenting opinion, and I do not know what it was called because it is not here and it is a secret until tabled, has more information there, I am sure, with regard to what has been reported to the House.
I would also point out that matters dealing with the Lobbying Act and whether there are any breaches there of someone lobbying and not being registered, et cetera, are matters which actually could come under the Standing Committee on Access to Information, Privacy and Ethics. I would note in the Standing Orders that the Commissioner of Lobbying and the Lobbying Act have not been included in the committee's mandate although they were amended in the accountability act. The Standing Orders have yet to be updated.
As well, I would submit that not only is this report inadmissible and incomplete without the dissenting opinion, but the subject matter from which this matter flows, which is the study of the claim that the member for Scarborough—Rouge River was actively lobbying the Government of Canada while sitting as a current member of Parliament, is in fact out of order in that committee.
I submit that this particular study and any activities related to this claim and this matter should cease in that committee as soon as possible. If someone cares to make a claim, I submit that it should be referred either to the Standing Committee on Procedure and House Affairs, or more appropriately, to the Conflict of Interest and Ethics Commissioner for appropriate review.
I find it very disturbing and distressing that this has transpired, notwithstanding all the clear evidence that this matter, which is being handled by the Standing Committee on Government Operations and Estimates, is not within its mandate and should never have been approved or undertaken by the committee.
Standing Committee on Government Operations and Estimates
Points of Order
Routine Proceedings
10:50 a.m.
Liberal
Standing Committee on Government Operations and Estimates
Points of Order
Routine Proceedings
10:50 a.m.
Liberal
Joe Volpe Eglinton—Lawrence, ON
Mr. Speaker, many of us here would be a little confused about what is going on. We are talking about the reputation of one of the longest serving members of the House. He has distinguished himself not only through his study on procedures but also through his input and his dedication to public service.
People would be as confused as I am for a reason. My colleague from Mississauga South is arguing that the report is not in order, is not receivable, and should not be received, because it does not, at the very least, contain the dissenting report submitted by the member for Scarborough—Rouge River, whose reputation is impugned by the study. That such a report would not have that dissenting report is already an admission that we would want to receive whatever it is the committee is doing and that we claim is not within its mandate.
On the other hand, if we do not do that, then we accept what the committee has already been doing. The member for Mississauga South has no personal interest in this other than the integrity of all members of Parliament who are open to study by members of a committee, even if it goes beyond its mandate.
Mr. Speaker, I think it would serve all of us as parliamentarians to have you review the mandate of that committee, keeping in mind that committees, even though they are masters of their own agenda and can do what they wish, are still creatures of the House and must reflect the intent and the operations of the House. Perhaps you would find it well worthwhile and beneficial for all of us to take a look at that mandate and see first, whether, in fact, that report is receivable because it goes beyond the mandate of the committee.
Second, if you find it receivable, whatever your reasons may be, perhaps you will insist that it contain the dissenting report of the member so that his reputation, which is the subject of such a report, can at least be placed in the equilibrium and balance of debate and consideration for all members, current and subsequent, in the House.
Standing Committee on Government Operations and Estimates
Points of Order
Routine Proceedings
10:50 a.m.
Liberal
The Speaker Peter Milliken
I thank the hon. members for their submissions. I will take the matter under advisement. I am sure that there will be other submissions on it in due course.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
June 10th, 2010 / 10:50 a.m.
Bloc
Daniel Paillé Hochelaga, QC
moved:
That this House denounce the government's unrelenting efforts to marginalize the Quebec nation, in particular by depriving it of the major economic lever of securities regulation, a matter that is under the exclusive legislative jurisdiction of Quebec and the provinces and for which they have established a harmonized regulatory system recognized for its effectiveness by the OECD and the World Bank, among others, and that it demand, along with Quebec's National Assembly and the business community in Quebec, that the government immediately withdraw its draft bill.
Mr. Speaker, I am very happy with the support provided to me by my colleague, the member for Compton—Stanstead, but I would also like to have the support of the hon. member for Macleod. Indeed, I think it is very important to reread this motion from the Bloc, which says the following:
That this House denounce the government's unrelenting efforts—one might even call it pathological obstinacy—to marginalize the Quebec nation, in particular by depriving it of the major economic lever of securities regulation, a matter that is under the exclusive—we emphasize that word—legislative jurisdiction of Quebec and the provinces—including that of the member for Macleod—and for which they have established a harmonized regulatory system—and I will come back to this, of course—recognized—internationally—for its effectiveness by the OECD and the World Bank, among others—to mention only those two organizations—, and that it demand, along with the Quebec National Assembly and the business community in Quebec, that the government immediately withdraw its draft bill.
The very important thing is to be aware of the mission of a securities commission. The mission of the Autorité des marchés financiers du Québec, the Quebec financial markets authority, is to enforce the laws governing the regulation of the financial sector, notably in the areas of insurance, securities, deposit institutions, other than banks—as we know, the banks are in federal jurisdiction—and the distribution of financial products and services. I will come back to the word “distribution”, as it is very important.
The Autorité des marchés financiers, like the securities commissions in each Canadian province, provides assistance to the consumers and users of financial products and services; ensures that financial institutions comply with standards; supervises distribution activities; supervises stock market and clearing house activities; and in a program unique to Quebec, sees to the implementation of protection and compensation programs for consumers of financial products and services.
Something that may not be well known is that the AMF has regulations and administers 14 different acts in Quebec. This is really a very broad and very crucial sector. Of course, there is the Act respecting the Autorité des marchés financiers, but there are also acts covering automobile insurance, deposit insurance, insurance, financial services co-operatives, the distribution of financial products and derivative financial instruments, the Mouvement Desjardins, securities, the Caisses d'entraide économique, the Sociétés d'entraide économique, and others. We can thus see that a securities commission is not just an office that one can simply close, or that, looking down from the heights of an Ontario ivory tower, one can simply turn into a branch office, end of story. That kind of thing is just not possible.
The AMF has considerable expertise. It is a Montreal institution and a Quebec institution, and the services of the Autorité des marchés financiers and the securities commissions are provided locally. That is also true of its counterparts in Ontario, Alberta and British Columbia. It is important that these entities have a good knowledge of the needs in their markets and that they serve their clients in their own language.
The financial sector of the AMF commissioned an independent study that shows that a regulator—and I will come back to the term “regulator” later—is an important component of the financial sector. So, when we say—in the more than 20 questions that we have asked in the past month, and that have not, by the way, been answered satisfactorily—that it is an important component in the financial sector, we are not kidding around. This is not just some authority, it is a part of the daily life of our services.
More than 150,000 direct and indirect jobs in Montreal and Quebec are affected by the financial regulator. That is 7.5% of the jobs in the Montreal region. There are 97,000 direct jobs in Montreal in this field, and the average salary is approximately $60,000. These are significant salaries. It is a major force in the Quebec economy. In Montreal, there are people with expertise in the areas the AMF is involved in. They do business with credit unions and banks, brokerage offices, lawyers and notaries' offices, etc.
Proximity is important. When someone asks a question, they need to obtain an answer in their own language and quickly, and that is done in Montreal.
To make the Canadian government's position look better, some people have said that the Canadian experience has been bad.They have said it was awful to have 13 financial markets authorities, 13 different sets of regulations, 13 different tariffs and 13 different invoices. This is the way it was long ago. In the mid-1990s, the previous government, the Liberal Party, asked the financial markets whether harmonization could be increased, as borders were increasingly porous. The financial market authorities replied in the affirmative to the question from the Liberal government of the day by increasing harmonization. There are no more specific instructions.
My colleague from the Liberal Party who also has personal experience in the financial arena, no doubt remembers the particular instructions from the OSC and the securities commission of Canada. We had Q-21, and on their side, they had something else, in the area of mergers and acquisitions. Now, there are no particular or provincial instructions. The instructions are now national, and cover all of Canada.
I was an issuers' representative. When an issuer paid to issue a prospectus, at the time it had to prepare 10 to 13 different cheques. This was annoying. That is no longer the case. Issuers prepare a single cheque which is sent to CDS, and that is the end of it. People recognized that there was a problem and the financial market authorities came up with a solution.
Now there is a coordinated approach and investors benefit from uniform protection. The current system also allows both regional approaches and local expertise to be taken into account. For instance, in Quebec there are start-up funds and specific workers' funds. The Canadian west has its junior capital pools that work well, and that is a good thing. It is possible to establish regional authorities which together offer harmonized services to the financial community, while taking into account the specificities of our regions.
This system has been recognized by the OECD and I will get back to that later if I have time. Since this system is recognized internationally, why change it? Why destroy something that works very well?
What the government is doing, this interference, this sort of hostile takeover—to use a term from the field—has been planned for a long time. In 2005, some people were mandated to study the advantages of a single regulatory system. The Purdy Crawford group was given the mandate to study the advantages of a single commission. So what's a guy to do, as we say back home? He indeed examined the advantages of having a single system. But the current system functions very well and all the studies show that there is no advantage to be gained from disrupting everything and introducing a single system.
Stubbornness is a factor here, and there are costs to be considered. Since the Conservatives started stubbornly trying to implement this hostile takeover of the provinces' and Quebec's regulatory systems, $317 million has been spent—wasted. These days, people are making political hay with the billion dollars for three days and the $14 million an hour. But for the Canada-wide—also known as centralized, federal or Conservative—financial markets authority, $2.8 million in additional credits was allocated in May 2008; in last year's budget, $154 million was allocated to this, and this year it is $161 million. That is illegal and shameful. The Conservatives do not even know if the Supreme Court will give them the slightest authorization to do that and they have already spent a third of a billion dollars to crush the provincial securities systems.
I was talking about the advantages and disadvantages. In Quebec, we have what is known as a compensation fund. It already exists. Not only did we invent it, we apply it. What is the purpose of this compensation fund? When a financial agent—such as a broker or a distributor of financial products—duly registered with the Autorité des marchés financiers, commits fraud, resorts to deceitful practices designed to lead people astray, or embezzles his clients' money, the clients are compensated. People register with the Autorité des marchés financiers and if brokers commit criminal acts, the victims are compensated. This was done for the clients who were defrauded by Vincent Lacroix. Not everyone was compensated, but 900 of those who had their funds embezzled were compensated. The others were tricked by criminals who were not registered. Now, if a criminal does not register in Quebec, he will not register either with the federal authority. Quebec spent $31 million to compensate 900 individuals who were the victims of fraudulent proceedings in the Norbourg-Lacroix scandal.
The Conservatives' argument refers to people who were duped by Earl Jones. That is misleading and a misrepresentation. Criminals do not register. That was very clear in the case of Bernard Madoff in the United States. The SEC was unable to catch him. Those people, whether or not there are victims, do not register with any federal authority or provincial, so who is going to catch them? Those are the people who deal with crimes. The OECD looked into the people who handle criminals. In the OECD's ranking of countries Canada places fourth, because of its policies and because of the Competition Act, which is a federal statute.
Australia is second, and the United States is first. That is not too bad.
In the area of regulation of the banking industry, and in terms of competition, Canada ranks ninth, and in terms of stabilizing authority, it is eighth. That is not very high. This an area of exclusive federal jurisdiction. The federal government should start enforcing its own laws in its own areas of jurisdiction with respect to the Competition Act and the banking sector; when it does that, we can say it has done its job.
The OECD looked at the regulation of financial systems. Canada overall ranks second. The United States is fourth, the United Kingdom fifth and Australia seventh. Who regulates financial systems? They are responsibility of the financial market authorities in Quebec and the other provinces.
We have been told we have to consider international representation. Apparently we seem crazy to the rest of the world because we are divided into 13. The annual conference of the International Organization of Securities Commissions is taking place right now. Where? The conference is being held in Montreal. International authorities are in Montreal under the auspices of the AMF and the other provinces’ financial market authorities to discuss issues. This is happening in Montreal.
This morning’s newspapers reported that the president of Standard and Poor’s was talking about the International Organization of Securities Commissions. He is there, too. Quebec’s finance minister, Mr. Bachand, who officially opened the public portion of the conference, had the following to say, “All indications are that the Canadian system we have adopted works very well, in part because many international organizations rank it among the best in the world.” I was referring to an article in Le Devoir. Now I am going to talk about an article in La Presse. The article states that even the president of the Securities and Exchange Commission is there. If the AMF and the provincial securities commissions applied their rules in a way that made no sense, would Mr. Volcker or Ms. Shapiro of the SEC be in Montreal? Are those people wrong?
We have produced a long list of people in Quebec who support the Autorité des marchés financiers and are telling the Government of Canada that it is mistaken. We have the Association de l'exploration minière du Québec, the Barreau du Québec, various chambers of commerce, the Fédération des chambres de commerce, the Conseil du patronat, Canam, Quebecor, Jean Coutu, Desjardins, Power Corporation, La Capitale, Transat and Transcontinental. Are all those institutions wrong?
They are not socialists, which is what the Minister of Finance called them two weeks ago when he was a bit tired. This is not a gang of socialists. They are not people from the Bloc. Let them read the other articles and the letters sent on October 2, 2007, by Ms. Jérôme-Forget, who is not a socialist. Desjardins did it in 2008, Allaire and Nadeau in 2009. There is also the study by Secor and Pierre Lortie. Pierre Lortie, no less. Pierre Lortie is a lot of things, but he is not a sovereignist. That is too bad. That is going to take us a while. Still, he produced an excellent report. He said that what the Conservatives are doing is utterly mad.
I have 30 seconds left. Why are spending so much time talking about this issue? Is it because it falls within our jurisdiction? Passports work. Everyone knows that. This is a development and economic ownership tool. These are our jobs and our young people. It is deceptive to say that voluntary adherence will be easy and that that will solve the problem of all the Earl Jones in this world.
Most importantly, whatever is done in Quebec will be done with respect for our language, which would not be the case if the federal plan were to become a reality.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:10 a.m.
Macleod
Alberta
Conservative
Ted Menzies Parliamentary Secretary to the Minister of Finance
Mr. Speaker, I thank my colleague from Hochelaga for a very passionate speech once again. I know he has not had the privilege of sitting in this House for as long as some to listen to all of the passionate speeches that have argued the same thing he has argued and have all failed the five, six or seven times they have been brought forward.
I would like to reflect on a couple of his comments. One of them was in a question the other day, which was a wonderful opportunity that I missed, by the hon. member for Hochelaga who said, “If it is not broken, why fix it?” The only thing I see broken is the record that keeps playing over and over again in the same groove with the same old arguments that are, frankly, not shared with the rest of the world.
One other comment he made was, “Go ahead with it”, and that is the gist of the whole argument. It is voluntary and we would encourage Quebec to go ahead with it on a voluntary basis.
The hon. member used selective quotes from the IMF and from OECD. The IMF said:
Canada is currently the only G7 country without a common securities regulator, and Canada's investors deserve better.
Did the hon. member overlook this quote from the IMF to find the one that he used?
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:15 a.m.
Bloc
Daniel Paillé Hochelaga, QC
Mr. Speaker, our passion will not wither with time, and we are passionate for Quebec. For the remainder of our time in this place, which will hopefully be as short as possible, we will make sure that we remain passionate.
People are quoting off the top of their heads comments apparently made one day by the IMF. Who would believe that the likes of Paul Volcker or the representative of the Japanese Financial Services Agency who, incidentally, spoke excellent French, Standard & Poor's president Deven Sharma, the chief operating officer of the Bombay Stock Exchange, the president of the International Federation of Accountants and the president of the French Autorité des marchés financiers, that all these individuals would want to waste their time? The member can still attend the international conference underway in Montreal.
I did not see anyone from the federal government there yesterday. Why fix something that is working? The member should put on his glasses or borrow his colleague's glasses and take a look. It is working.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:15 a.m.
Liberal
Francis Scarpaleggia Lac-Saint-Louis, QC
Mr. Speaker, I would like to say from the outset that I am speaking on behalf of Earl Jones' fraud victims, as there are several in my riding.
I greatly appreciated my colleague's substantial presentation. I cannot say that I agree or disagree with everything he said, but his speech certainly raised questions in my mind.
When I read the government bill, I cannot figure out why it is proposing a national regulatory system, since participation will clearly be voluntary and there is an opting-out clause, one of Quebec's historical demands. In other words, what the government is proposing is something that might exist in a scenario where Quebec would be independent, that is, one securities regulator for Quebec and one for the rest of Canada.
Why does the member oppose this government initiative, which is not a national initiative and is actually proposing what he would like to see happen if his option were to be successful?
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:15 a.m.
Bloc
Daniel Paillé Hochelaga, QC
Mr. Speaker, in response to the member's question, the first thing we have to look at here is whether this has potential.
At a press conference where his remarks were translated by another minister, the Minister of Finance clearly said that he would not accept the mutual recognition of passports by different authorities, which currently works well in Canada. In other words, he would not accept what already works between Canada and the United States.
I am familiar with financial products in Canada and the United States, and there was the U.S. wrap. It worked. The minister said that he would never accept that. But in his draft legislation on a Canadian national securities commission, he took the various authorities hostage on the issues of fraud and fraudulent practices, telling them that if they opt in or opt out, there will be enforcement. That is unacceptable.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:20 a.m.
NDP
Jim Maloway Elmwood—Transcona, MB
Mr. Speaker, I am really surprised by the government's priorities. It is closing down prison farms and pushing the Canada-Colombia free trade deal. Now its next big topic is a centralized national securities regulator, which by the way, it has to refer to the Supreme Court before moving it forward. As the member pointed out, it has spent $300 million already on something that may be largely unnecessary.
This matter is not only about Quebec. The province of Manitoba for at least the last 10 years, maybe more, has definitely been looking at this issue and is definitely opposed to it. The province of Alberta is very concerned about what will happen to its financial services sector as a result of this. My question would be where B.C. is in all of this. Why is B.C. not interested in questioning this whole idea? Why is it only Quebec, Alberta, and Manitoba at this point?
Fundamentally, it is not necessarily the structures that count; it is the people running the structures. The different regulators in the United States and Canada have all been asleep at the switch. They tend to hire people from the very industries they are there to regulate. That is not the way we should be setting up our securities commissions.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:20 a.m.
Bloc
Daniel Paillé Hochelaga, QC
Mr. Speaker, I urge the NDP member to put all the pressure he can on the member for Macleod, the Parliamentary Secretary to the Minister of Finance. I would like all of us to call on him to listen to Alberta's finance minister, Ted Morton, and not to the former Ontario finance minister. He should go visit him on the weekend; he has the time. He should visit Alberta's finance minister, and I am sure that the minister will convince him that the former Ontario finance minister is leading us into a trap. The same goes for the people of Manitoba and Saskatchewan. Are all of these people wrong?
I urge the member for Macleod, for whom I have a great deal of respect, to go see Alberta's finance minister.
Yesterday, I spoke to Quebec's finance minister, and we shared the same opinion. I hope that next Monday, the member for Macleod will return to the House and say that he spoke to his finance minister in Calgary and that he agrees that the former Ontario finance minister is wrong.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:20 a.m.
Macleod
Alberta
Conservative
Ted Menzies Parliamentary Secretary to the Minister of Finance
Mr. Speaker, I would like to advise my friend from Hochelaga that I actually had a long visit with Alberta's finance minister after a wonderful event in Black Diamond, Alberta last Saturday, and we did discuss this. There were slight differences of opinion, but I would like to share with the hon. member that we had a very respectful debate and discussed this issue. That is exactly what we should do. I would encourage all hon. members to have that respectful debate in this House today.
I must say that I have a great deal of respect for that hon. member for the role he is playing on the finance committee, and we welcome his presence and his contribution there.
To the point at hand, I am joining this debate, yet again, on another Bloc Québécois opposition motion that repeats, and I have referred to the broken-record analogy, the same, tired Bloc rhetoric opposing our government's attempt to strengthen securities regulation in Canada.
Before I continue, right off the bat I want to set the Bloc straight once and for all, if I can. To paraphrase the late American legislator, Daniel Patrick Moynihan, the Bloc may be entitled to its opinion, but not to its own facts. Many opponents of improving Canada's securities regulation, especially the Bloc, have repeatedly suggested that both the IMF and the OECD are in some way against a national securities regulator in Canada. That is wrong, that is misleading, and that needs to stop.
The Bloc knows, or should know, because we have told it repeatedly, that both the IMF and the OECD are actually long-standing and strong supporters of a national securities regulator for Canada. I reflected the quotes that the hon. member is selectively using. I would suggest that he look at all quotes from the OECD and the IMF. With the greatest of respect, I would ask my colleague in the Bloc to listen carefully now to the collection of key quotes I am about to share with him. These quotes will provide indisputable proof that they are dead wrong and will end this nonsense the Bloc keeps repeating.
The first is from a recent OECD survey of Canada:
The current diversity of regulations—for example, each province has its own securities regulator—makes it difficult to maximize efficiency, and increases the risk that firms will choose to issue securities in other countries. A single regulator would eliminate the inefficiencies created by the limited enforcement authority of individual provincial agencies.
The second is from a recent IMF mission to Canada statement:
Consolidating and enhancing securities regulations would further strengthen the already robust financial stability framework. Over time, bringing a greater financial stability focus to securities regulation, and achieving greater national integration....would provide a more holistic perspective to financial stability arrangements. In this connection, the [IMF] welcomes the [ Canadian government's] intentions...to follow the recommendations of the Expert Panel on Securities Regulation.
Those are pretty clear quotes.
What is more, the IMF has also further noted:
Given that Canada is playing in the highest league, you should equip yourself with the best instrument. I think that on financial issues, you still have to provide your customers—your investors and savers of your country—with better tools....Canada is currently the only G7 country without a common securities regulator, and Canada's investors deserve better.
That is a key point. I want to emphasize for my friends in the Bloc that Canada's investors deserve better. Those investors include the good people of Quebec, whom they are sent here to this House to represent. I would suggest that not only do we deserve better securities regulation, we deserve better than misleading arguments from opponents of a national securities regulator when it comes to the positions of both the IMF and the OECD. Canadians do too, and so do their constituents, the ones ultimately most impacted and affected by our decision on this matter.
If this debate on the Bloc opposition motion sounds all too familiar, it is, as I said before, because we have debated it before. We have debated this Bloc opposition motion three, four, five, or six times already in the past few years. I have actually lost track of how many times we have debated it. As the legendary New York Yankees catcher Yogi Berra once noted, “It's like déjà vu all over again.”
In fact, almost one year ago today, on June 15, 2009, to be exact, we had a Bloc opposition motion debate that dealt with the exact same debate we are having today. Today we will largely see the exact same Bloc members rise to speak. They will repeat the exact same Bloc talking points. Then they will recite the same old tired Bloc speeches with the same over-the-top rhetoric.
For those watching who are not familiar with the ways in which this House of Commons works, every session each opposition party is given a limited number of what we informally call opposition days. An opposition party, on its designated opposition day, can pick whatever issue it wants to debate. This is its biggest opportunity to focus the attention of the House of Commons as a whole on what its members consider the most pressing or important issue to their party, and more importantly, to their constituents.
I emphasize that the opposition party can select literally whatever issue it wants without restriction. It can be literally whatever it wants. It could be anything from the environment to foreign affairs, defence, international trade, or natural resources.
However, time and again, the Bloc has chosen to debate the same issue and has brought forward essentially the same motion that opposes stronger securities regulation in Canada. How can we explain the Bloc's singular obsession with this one topic? Does the Bloc honestly think that this is the only issue Quebeckers care about? Are they that out of touch with their constituents?
Maybe it could be that the Bloc is suffering from collective amnesia, as they keep bringing forward the exact same motion to debate, time and time again. I believe that all members have access to medical assistance right here on the Hill. Perhaps the Speaker may want to encourage Bloc members to take advantage of this service. Regular checkups are very important, I would remind everyone.
However, in this case of collective amnesia, let me briefly refresh the Bloc's collective memory on the continued failure of its motions. Every single previous Bloc motion brought forward on this issue was soundly rejected and defeated by this House. In other words, every single time, the House has said that the Bloc is wrong and has instead supported our Conservative government's attempt to strengthen securities regulation in Canada. I predict that it will happen again today.
I predict that yet again, this House will agree with our Conservative government, along with the IMF and the OECD, that a Canadian securities regulator is about giving investors the strongest protection possible, which is something that is long overdue. Indeed, the drive for a Canadian securities regulator is not a recent phenomenon.
In fact, as far back as 1935, the Royal Commission on Price Spreads advocated the creation of a national securities board. Seventy-five years later, after countless Canadian and international studies recommending that we replace the current system of 13 securities regulators with a national securities regulator, we are closer than ever before to finally replacing the balkanized system that has evolved, a balkanized system that is widely mocked.
For instance, the National Union of Public and General Employees has described it as:
—ineffective provincial securities commissions, each seeming to vie with the others for the title of the weakest sheriff in town.
That is why, since we formed government in 2006, we have been working with provinces and territories and have been leading the call for a more efficient, streamlined securities regulatory system that better reinforces financial stability and that reduces unnecessary costs, strengthens enforcement, and better protects investors.
Indeed now more than ever, we have to better protect Canadians from fraudsters and Ponzi scheme organizers.
We are an investing country. Canadians own RRSPs, equities, mutual funds, or are covered under registered retirement plans. These nest eggs represent Canadians' financial future.
Too many small investors, retirees and families putting money away for the future have felt the impacts of fraudsters like the Earl Jones and Vincent Lacroix schemes. Too many have lost their life savings. For these people it is absolutely devastating. For our country it is embarrassing.
As a Toronto Star editorial stated:
Currently, our capital markets (stocks, bonds and derivatives) are regulated by the provinces and territories – 13 different jurisdictions in all. This has led to a patchwork quilt of regulations that allows con men and corner-cutters to slip through the cracks and evade justice. Think of Conrad Black (charged in the United States, not Canada) or the principals behind the Bre-X gold scam....In other words, the current system is not good for investors, who comprise about half of all adult Canadians, directly or indirectly (through mutual funds)....
Even more damning is the assessment of the Canadian Foundation for the Advancement of Investor Rights:
We have rampant insider trading in Canada and the regulators appear to be completely ineffective at detecting it.
Our Conservative government will not sit by and let Canadians be bilked of their hard-earned money. We owe it to Canadians to do all we can to protect them. Canadians need stronger enforcement to better detect, deter and investigate wrongdoing. Canada is the only industrialized country without a single securities regulator. This is not only unacceptable at the present time but it is now no longer an option. That is why we have proposed a new Canadian securities act.
What is more, let me be clear and dispel the Bloc's rhetoric. This act is not a federal power grab. Indeed the act was developed working with 10 participating provinces and territories. Let me stress that this is a voluntary initiative. This act will not force any province or territory to participate in a Canadian securities regulator, if it chooses not to. Provinces and territories will be able to opt in at will.
We also recognize that a Canadian securities regulator will require the support and expertise of the best talent from Canada's financial markets. That is why we have committed that local offices will remain in place. Current staff in the provinces and territories will be offered jobs in the regulator.
Additionally, we will also work hard to ensure that local offices have the authority they need to make regulatory decisions that they should. This is in keeping with the proposed act which envisions an organization with comprehensive national standards. It will be made up of strong local offices with an understanding of regional economies and that enjoy the confidence of local businesses.
We are going even further to underline our commitment to respect the provinces and territories and ensure we are not acting beyond Parliament's jurisdiction. Accordingly, to achieve absolute clarity, we have referred the matter to the Supreme Court of Canada. We will be asking the court a clear question: Is the annexed proposed Canadian securities act within the legislative authority of the Parliament of Canada?
Furthermore, we will wait to have an answer from the Supreme Court about the constitutional authority of Parliament to legislate in this area before we proceed further on a new Canadian securities act. This is the right and fair course of action.
Even former Quebec intergovernmental affairs minister, Benoît Pelletier, has admitted such:
The fact that [the federal government] decided to ask the court for an opinion in my view is something that is fair.
Before I conclude, let me just say that the global recession has been a wake-up call for all of us to rethink and refocus the way we do things. Modern stock markets call for timely regulatory and structural reform to improve integrity and strengthen efficiency.
This is about co-operation, not about jurisdiction. It is about establishing a national Canadian securities regulator that would provide clearer national accountability, reduce overlap and duplication, and strengthen enforcement; a regulator to better serve the needs of investors and contribute to the financial stability of Canada's financial sector. We owe it to Canadians to put in place a system that protects their hard-earned savings.
I could spend the rest of my time here today trying to convince the Bloc of the merits of improving securities regulation in Canada. I could quote the OECD, the IMF, the Canadian Council of Chief Executives, the Certified General Accountants Association of Canada, the Canadian Chamber of Commerce, the Canadian Foundation for Advancement of Investor Rights, the Earl Jones Victim Organizing Committee, the Quebec Provincial Association of Retired Educators, the Small Investor Protection Association and countless other supporters of a national securities regulator, but I know it would be useless. The Bloc is not listening to reason on this.
As we largely already know the Liberals' position based on their long historical support for a national regulator, I want to turn my attention squarely to the NDP. I ask the NDP not to ignore the pleas of those who have advocated a national regulator, such as unions like the Canadian Labour Congress, the National Union of Public and General Employees, and CUPE.
I ask the NDP not to ignore the many past and present NDP members of Parliament, including their former finance critic, Judy Wasylycia-Leis, the incoming mayor of Winnipeg I understand, who advocated a national securities regulator. Indeed, Ms. Wasylycia-Leis once told the Toronto Star that she was convinced of the need for a national securities regulator rather than the piecemeal provincial approach. I ask the NDP to understand that we owe it to Canadians to provide them the best protection possible.
As an August 2009 report from the left-leaning Canadian Centre for Policy Alternatives concluded:
The lack of a national securities regulator is a clear “black hole” in Canada's financial regulatory system....The recent moves to bring security regulation under a national regulator should be accelerated....
I note that even the NDP leader recently told the Toronto Board of Trade that he would like to see us moving toward national securities regulation.
I ask the NDP members to oppose this Bloc motion today. Instead, join together with the government and the many voices in Canada that believe we need to get serious about white collar crime and protecting all Canadians by finally moving forward with a Canadian securities regulator.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:40 a.m.
Bloc
Daniel Paillé Hochelaga, QC
Mr. Speaker, up until near the end of his speech, I believed that the respect that I have always felt for the Alberta member was reciprocated, but when he said that this is useless because the Bloc does not listen, I would ask for some courtesy. It is easy to throw out quotations, and I believe his speech had 72 or 80, but I would like to know what he thinks and not have him quote umpteen people. I, too, could join in the quote contest.
I have a quotation about an unprecedented power grab and that if it is not broken, do not try to fix it.
We could take bets on who said that. It was his friend, Alberta's finance minister. So I am telling him no. I am sorry, but I do not want to be a local office. I do not want to be a branch within a system that I do not recognize and that does not recognize me. Once he has understood that, then we can make some progress in this debate. Just because we have debated this one, two, three or four times does not mean that we will stop. No, we will keep going until you understand. I am hoping that, in his great intelligence, he will finally admit that, at the very least, we are listening and that we understand. Even if we have to agree to disagree, that would represent some progress.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:40 a.m.
Conservative
Ted Menzies Macleod, AB
Mr. Speaker, I guess it is all in the interpretation. We can listen all we want, but do we understand and do we comprehend what is being said? Do we respect the substance of what is being put forward? There have been six different debates over the same issue. Is it listening? Is it understanding? I guess it is all in how we perceive it.
My friend from Hochelaga asked me a very pointed question: What do I think?
In answer to a question earlier this week, I referred to a banker I know whom I happened to meet in the airport. He was travelling to Montreal to look for investors. I asked him what his overall goal was, whether he was planning on setting up a branch of his bank in Quebec. He said “not on your life”. He said he would access funds to invest in his bank, but he would never under today's passport system, consider opening a branch in Quebec. That is a lost opportunity for Quebec. It is a wonderful bank, a solid bank, that refuses, because of the complications in other provinces, the lack of a national regulator, a national comprehension, to open a branch in Quebec. Quebec lost that opportunity.
Opposition Motion—Securities Regulation
Business of Supply
Government orders
11:45 a.m.
Liberal
John McCallum Markham—Unionville, ON
Mr. Speaker, I would note it was back in 2008 that the Liberal Party recommended that this matter first be sent to the Supreme Court for it to decide whether it was constitutional. The Conservatives followed our lead and that is fine. My problem is that they seem to be assuming that the Supreme Court will decide in their favour.
The Conservatives have already spent about one-third of $1 billion on this enterprise. There was $2.8 million in the supplementary estimates in 2008, $154 million in budget 2009, and $161 million in budget 2010. It seems that the Conservatives are acting out of disrespect for the Quebec provincial government in assuming that this will go through and charging ahead with one-third of $1 billion.
Why are the Conservatives gambling one-third of $1 billion of taxpayers' money on an enterprise which will simply go down the drain should the Supreme Court decide against the government?
