An Act to amend the Criminal Code (criminal interest rate)

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code by exempting persons from the application of section 347 of that Act in respect of agreements for small, short-term loans. The exemption applies to persons who are licensed or otherwise authorized to enter into such agreements by designated provinces that have legislative measures that protect recipients of payday loans and that specify a limit on the total cost of those loans.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-26s:

C-26 (2022) An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts
C-26 (2021) Law Appropriation Act No. 6, 2020-21
C-26 (2016) Law An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act
C-26 (2014) Law Tougher Penalties for Child Predators Act

Votes

Feb. 6, 2007 Passed That the Bill be now read a third time and do pass.
Jan. 31, 2007 Passed That Bill C-26, An Act to amend the Criminal Code (criminal interest rate), be concurred in at report stage.

Criminal CodeGovernment Orders

October 24th, 2006 / 5:25 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I think that the remarks of the member opposite are somewhat out of sync with my beliefs.

The question we have to ask ourselves is: why do people borrow money at rates as high as 60%? Often, these are disadvantaged people faced with a lack of money, services and community support.

After slashing the literacy program for women and Aboriginal people, why do the Conservatives continue to take advantage of the most disadvantaged with their devastating policies?

Criminal CodeGovernment Orders

October 24th, 2006 / 5:30 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I completely agree with the question.

Once again, I support the province of Quebec's model. Thirty-five percent is plenty. Sixty percent is in the Criminal Code. Personally, I find that interest rate incredible and criminal. It applies in Canada. For the fourth time, it is better in Quebec.

The House resumed from October 24, consideration of the motion that Bill C-26, An Act to amend the Criminal Code (criminal interest rate), be read the second time and referred to a committee.

Criminal CodeGovernment Orders

November 6th, 2006 / 3:55 p.m.

Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, today we are debating Bill C-26, An Act to amend the Criminal Code (criminal interest rate). Canada's new government has brought forward this legislation for one basic reason, to protect Canadian consumers. Bill C-26 will provide much needed flexibility to the provinces and territories in the area of consumer protection, flexibility to enable them to address various problems posed by the alternative consumer credit market, specifically the practice known as payday lending.

I would like to compliment my colleague, the hon. Minister of Justice, on his excellent work on this important issue. Let me state that the consultations carried out over several years by a group of senior federal, provincial and territorial consumer protection officials, known as the consumer measures committee, which led to the development of this bill were instrumental in its creation.

It is not easy being a consumer in today's exceedingly complex, fast moving marketplace. Canada's marketplace has been transformed in recent years by the staggering proliferation in the number of consumer goods and services that are on the market. New technologies, the growth of services and open markets bring both benefits and potential hazards to consumers. The payday lending industry is a good illustration of just how rapidly things are moving on the consumer scene.

Only a few years ago payday loans were virtually unheard of in Canada, yet now street corner loan offices are open in most provinces, in rural communities and in our downtown cores. This burgeoning alternative credit scene certainly does pose significant consumer issues. This is why many non-governmental consumer watchdogs, from the Public Interest Advocacy Centre to Service d'aide au consommateur, and many others as well have addressed this very important issue.

Last year Industry Canada's Office of Consumer Affairs established an extremely informative and timely document which I highly recommend as reading to my hon. colleagues. The “Consumer Trends Report” highlights the rapid and fundamental changes that have transpired in the consumer marketplace over the last 20 years. While many of these changes have been very beneficial, new challenges have also arisen. In many ways consumers today need more expertise because products and services are changing more rapidly and in more fundamental ways than ever before.

In the opinion of many experts it has become more difficult for consumers to determine value and weigh risk in the marketplace and their marketplace transactions. At the same time consumers themselves have also undergone many important social, economic and demographic transformations that can make certain groups particularly vulnerable in this marketplace.

In fact, the payday lending issue we are considering today is a very good example of the way in which the consumer environment is changing rapidly with the potential to have negative effects on consumers. As the “Consumer Trends Report”, the CTR, notes, the alternative financing services can be some of the most expensive ways for consumers to borrow, ranging from using payday loans and pawnbrokers to shopping at rent to own operations.

According to the CTR, when stated on an annual basis, the rate of interest paid on a typical payday loan ranges between 390% and 650%. On the other hand, there is genuine consumer demand for this product as seen by the increase in the number of outlets. The CTR states, “a prominent provider of the payday loan and cheque cashing services indicated that its number of franchised and corporate branches increased from 100 in 1994 to 200 in 2000, and was approaching 300 in 2003”. This is Money Mart. According to the media, the industry which lends about $2 billion each year services about two million Canadians annually.

What we have with payday lending is a relatively new product of some financial complexity that Canadian consumers are using in considerable numbers. However, it is also a product that can sometimes be sold in ways that can present hidden pitfalls and can have serious consequences for consumers.

In 2002, a report released by the Public Interest Advocacy Centre, PIAC, with funding from Industry Canada entitled, “Fringe Lending and 'Alternative' Banking: the Consumer Experience” stated that a cursory examination of the fee structures and practices of some payday lenders suggests that they expend little effort to assist the financial literacy of payday loan customers and probably contribute to customer confusion.

Many payday lenders offer no explanation for the fees they charge to their customers and often use ambiguous terms such as verification fee or finance charge among others. Without proper disclosure and explanation of fees, customers could be making financial decisions based on misunderstood and unclear information.

Research conducted by the Public Interest Advocacy Centre, the PIAC in 2002 shows that a relatively high number of payday loan customers either did not know the cost of their loan or underestimated the cost.

The timeframe of a payday loan is very short and the cost can be very high. Many borrowers have found that they are unable to pay off the loan in full at the time it comes due. Borrowers could however pay a fee for an extension on the original loan called a rollover. By doing this they could enter into a cycle of renewals including possible increased fees, interest or NSF charges added on without reduction of the principal of their loan. This situation may be financially devastating for a borrower but profitable for the lending company.

The legislation before us today is a very good fit with Canada's consumer protection framework. It is built upon the concept of ensuring that the jurisdiction most able to protect consumers in a particular issue have the legal capacity to do so. It would exempt payday lenders from the current provisions of section 347 of the Criminal Code which sets the criminal rate of interest in Canada, but only if those lenders operate in a province or territory that regulates the payday loan sector and if the province or territory sets limits to the cost of borrowing for consumers.

Each province and territory will have the freedom and flexibility to address its own market conditions and to best respond to the interests of its own customers. Bill C-26 typifies an effective and flexible approach to consumer protection. It is based on cooperation with the provinces and territories along with other governmental departments and non-governmental organizations. Bills C-26 helps Canada's markets work well for consumers, for growth and for our economy.

The legislation before us will bring payday lending in from the somewhat sometimes shady world of unregulated financial activity, so that consumers can operate with more confidence and assurance. The process of obtaining a payday loan will become more transparent and more straightforward for consumers. The provinces and the territories are best placed to regulate the payday loan industry. Bill C-26 will give them the power and flexibility to do so.

The bill's approach is typical of the innovative ways that we must approach consumer issues in the contemporary marketplace. All partners, including the federal government, the provinces and territories, non-governmental organizations and educational institutions, must work together to support consumer efforts and make wise choices in markets in Canada and the world.

Bill C-26 is further evidence that Canada's new government fully recognizes the importance of Canadian consumers and is committed to fostering their ability to function in fair and efficient markets.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:05 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am pleased to take part in this debate on Bill C-26, an act to amend the Criminal code (criminal interest rate), proposed by the Minister of Justice. This bill, which may appear minor and generous, is in fact a good illustration—despite the promises made by the Conservative Party during the election—of the fact that they are once again taking a back-door approach to a very important matter, trying to have veto power over decisions that come under provincial jurisdiction, particularly Quebec.

Although the bill appears very generous on the surface, that is, a way to fight a new form of financial exploitation of the most vulnerable employees, it is nonetheless understandable that the Bloc Québécois opposes this bill due to a number of points that are not clear enough and, as I mentioned, that leave the door open to federal government veto powers over how things are done in Quebec, which already monitors similar activities, for instance, under the consumer protection act.

I will remind the House of some of the content of Bill C-26. Its objective, as stated earlier by my colleague, is to meet the demands of certain provincial and territorial governments, and consumer advocacy groups that feel that greater regulation is needed in the payday loan industry. Provisions already exist in the Criminal Code and the Interest Act, however they do not specifically target this new form of loan, which has developed over the past 15 years or so.

Bill C-26 is the response to those demands, because the payday loan industry is largely unregulated. Furthermore, some very dubious practices employed by such companies have been identified, for example, very high rates for loans against future salary, contractual terms and conditions that are insufficient, unclear, or often absent or completely set aside in contracts between lenders and borrowers, as well as unfair collection practices.

In a moment, I will return to the definition of a payday loan.

Obviously, as I said, this is something that affects a certain number of low-income working men and women and illustrates some hard facts. I would note in passing that it is interesting to see that the Conservative government, which in fact tends to minimize the problems associated with poverty in many regards, has been obliged to recognize those facts by the back door, once again. The fact is that right now, in Canada, as is the case in a number of western countries, it must be noted, a person can work, earn a wage, have a full-time job, and be living in poverty. People can then find it necessary, before the end of the two-week pay period, to take on this kind of debt in order to be able to make ends meet temporarily and to get the money that is necessary to meet their basic needs.

This bill is therefore recognition of the fact that, right now, the face of poverty is quite different from what it might have been in the 30 years after the Second World War, when a full-time job, for an employee on a payroll, was normally a guarantee that while the person might not live in the lap of luxury, he or she would be able to make ends meet and not have to take on these new kinds of debt. This is something new, in that in Canada the industry mainly began to develop in the 1990s, but we must recognize that its growth was by no means uniform.

What we see is that as a result of existing laws governing local commerce, because we have civil law and rules governing contracts, in particular those in the Consumer Protection Act, even though there may be 1,300 outlets identified by the federal government throughout Canada, there are very few in Quebec. An association has even been created: the Canadian Payday Loan Association. It represents 22 companies that operate 850 financial services outlets all across Canada, but none in Quebec.

This certainly tells us something, because with the tools that the Government of Quebec already has available, we have been able to oversee and regulate this industry to the point that people who wanted to use this niche to get rich quick did not think it wise to set up shop in Quebec and went elsewhere in Canada to do it. Obviously, that does not mean that we do not need to be vigilant and constantly careful to modernize, improve and update consumer protection legislation in Quebec.

What is a payday loan? The Canadian Payday Loan Association defines it as follows:

Payday loans are unsecured small-sum short-term loans typically for a few hundred dollars. The average payday loan is around $280 for a period of 10 days.

To date, as I said, the Criminal Code has not provided a definition of payday loan, so one of the primary objectives of Bill C-26 is to define what it is.

Here is how the government defines a payday loan:

A payday loan is a short-term loan for a relatively small amount, to be repaid at the time of the borrower's next payday. In order to qualify for a payday loan, the borrower must have a steady source of income, usually from employment, but also from pensions or other sources, and a bank account. The lender will typically lend up to a specified percentage of the net pay, for a period of 1 to 14 days, ending on the payday. The borrower provides the lender a cheque, post-dated to the borrower's next expected income payment date, for the total amount of principal, plus interest and other fees.

A payday loan is therefore a loan against future pay. This may give the people who are watching a better understanding of the new reality that is payday loans. Payday loans are also called payday advances. These advances come with all sorts of administrative fees, which are sometimes abusive, and interest rates that, if not usurious, are very high.

Payday loans are therefore an extremely expensive way for consumers to meet their temporary credit needs. The Financial Consumer Agency of Canada, which reports to the Department of Finance, says that the amount of a payday loan is usually limited to 30% of the net amount of the borrower's next pay cheque, that is, the final amount after the various deductions, including income tax.

The agency gives the following example: a person with net pay of $1,000 every two weeks could usually obtain a payday loan of roughly $300.

As mentioned in the definition I gave previously, to ensure that the loan will be repaid, payday lenders ask their clients to provide a post-dated cheque or authorize a direct withdrawal from their bank account for the amount of the loan, plus applicable fees and interest charges. As I said, there are numerous fees. The interest charged on the principal adds considerably to the amount to be repaid.

This is a new situation that corresponds to the reality that I was describing earlier whereby it is now possible to have a job and live in poverty. Bill C-26 seems to be a response to a growing and worrisome social problem. At first glance this might seem to be an interesting initiative by the federal government.

I will describe the initiative of Bill C-26. This bill essentially contains two measures. First, it enshrines in the Criminal Code the definition of a payday loan and it also adds section 347.1 to the Criminal Code, establishing a mechanism for exemption at the same time.

I will reread the new definition of a payday loan:

An advancement of money in exchange for a post-dated cheque, a preauthorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card.

The first measure of the bill is to enshrine this definition in the Criminal Code. And the exemption mechanism has two parts.

The first part is to specify that section 347 of the Criminal Code and section 2 of the Interest Act no longer apply to the payday loan industry of a province when the amount of money advanced is $1,500 or less and the term of the loan is 62 days or less and the lending company is licensed or otherwise specifically authorized under the laws of a province to provide such loans.

It is therefore the responsibility of the province to regulate this aspect of the industry. The other aspect is that any loan less than $1,500 with a term of less than 62 days falls under the Criminal Code.

The second part—and this is where we have a problem—involves a political act by the federal government. We could describe it that way since it exempts from the application of section 347 of the Criminal Code and section 2 of the Interest Act provinces designated by the federal government for passing legislation that the federal government considers to be consistent with its objectives for regulating this industry.

The provinces have to apply for such designation, but must also have passed legislative measures that protect payday loan recipients and set a ceiling on the total cost of the loans.

Unfortunately, there are limits to that designation since it can be unilaterally withdrawn when, in the eyes of the federal government, the province concerned no longer meets the conditions, and therein lies the problem; for example, when legislative measures are no longer in force or do not meet the expectations of the federal government.

Clearly, section 347.1 would permit the payday loan industry within a given province, to be exempted from a criminal interest rate if the province in question makes a request to the federal government and if it complies with a number of conditions established by Ottawa.

It is important to make it clear that these amendments will not apply to financial institutions regulated at the federal level, such as banks. That is understandable because we are not talking about the same industry.

As I have said, that creates very real difficulties for us because, in our view, very clearly, the federal government is giving itself the power to be in a position to say yes or no to legislation, to authorize or not authorize an exemption from section 347 of the Criminal Code and section 2 of the Interest Act.

I remind members that in Quebec there is a Consumer Protection Act that already includes nearly all of these aspects and as a result of that, as I mentioned at the beginning of my remarks, this industry is less common, or at least less flourishing, in Quebec than in other parts of Canada.

We know that payday lenders were once more numerous in Quebec and the Office of Consumer Protection decided to step in. The joint action of the police and the Office of Consumer Protection has meant that this industry is nearly non-existent in Quebec because the Consumer Protection Act contains strict obligations governing all types of lending. Whether it is a payday loan, a pawnbroker or others, the annual interest rate must be stated on loan contracts. In addition, all fees must be included in the interest rate. It is not possible to add fees for opening a file, for forms, for closing a file or other fees.

Finally—and I believe it is extremely important—case law has established that an annual interest rate of over 35% is unconscionable, while under the Criminal Code the rate called “criminal” is set at 60%.

It is very evident in regard to Bill C-26 that Quebec has no need for this legislation. The Government of Quebec is concerned, as is the Bloc Québécois, about the effects that the passage of Bill C-26 could have.

I remind the House of the Government of Quebec’s position.

The Government of Quebec believes that the federal government is imposing on compliance exemptions conditions that infringe on the jurisdictions of the provinces and Quebec.

The proof, as I said, is that Quebec already has rules governing the practices of this industry without being accountable for them to the federal government. Why would we start now being accountable to the federal government when we have managed very well so far to limit the growth of this industry, which often, unfortunately, takes advantage of vulnerable working people who are in temporary financial difficulty?

I repeat: the maximum interest rate in Quebec is set at 35%. This is substantially less than the 60% in the Criminal Code.

The designation feature is another point of considerable concern to the Government of Quebec. Through it, the federal government retains veto rights over measures taken by those provinces that request an exemption. That is true of the other provinces and of Quebec as well. All the successive governments of Quebec have been extremely sensitive about federal infringements on areas of jurisdiction that belong to Quebec and the provinces.

Although the mechanism for designating a province is still rather murky—I suppose we will have a chance to clarify this in committee—it seems that ultimately the Prime Minister will determine whether or not he wants to designate a province depending on what he thinks of its legislation. This kind of veto in an area of jurisdiction that belongs to Quebec and the provinces is totally inappropriate and unacceptable as far as we are concerned.

In short, the Bloc Québécois is opposed in principle to Bill C-26. The Bloc realizes that certain provinces and territories wish to manage the payday loan industry themselves. It feels, however, that the federal government, even if it has the authority to set the maximum lending rate beyond which a loan becomes illegal, does not have the jurisdiction required to regulate the commercial practices of industries. Quebec, for instance, with its consumer protection act, already supervises this industry and prohibits unreasonable practices. This is why the Bloc Québécois is criticizing the conditions imposed by Bill C-26 on the provinces—Quebec in particular—that wished to be exempted from section 347 of the Criminal Code.

The government has no business to decide on the implementation of a licensing system or on the merits of supervision of practices in this area of activity by Quebec. This is also true for the other provinces. In the opinion of the Bloc Québécois, the Government of Quebec and all Quebec stakeholders in this file, Quebec is free to supervise the commercial practices of businesses under its jurisdiction. The government has no business using its veto so that the legislation can apply or not through this non-application mechanism, which I have already talked about.

In conclusion, in spite of the open-minded and respectful discourse of the Conservatives during the election campaign, we must conclude that the Conservative government is demonstrating the same determination to encroach on the jurisdictions of the provinces and Quebec as the former government, but packaging things differently.

It is still that same reflex of believing that the federal government knows better what the solutions are to certain real problems and that it must supervise the provinces to make sure they are on the right track. This paternalistic attitude—which characterized the Liberal reign from 1993 to the last election—is the government’s trademark. This is very clear in the example of Bill C-26 and in other files.

I will establish a parallel with the Kyoto protocol. The Minister of the Environment took the liberty of judging the validity of the plan put in place by the Government of Quebec. This plan could perhaps stand to be improved, but it is in stark contrast to the denial of global warming by the Conservative government. We took the liberty of saying, in a play on words, that this plan did not contain any mandatory regulations or conditions, which is true.

When the other provinces, in particular the western provinces, have met the targets that Quebec has already met, then we can have a serious discussion of the whys and wherefores of the Quebec act. Until we have evidence to the contrary, Quebeckers, the National Assembly and even the Liberal government of Quebec are in a better position to know what Quebeckers need in terms of the environment and of payday loan regulations.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:25 p.m.

Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I listened quite intently to the member's comments. He may or may not be aware that federal, provincial and territorial governments have long been concerned over unscrupulous and questionable business practices that have characterized segments of the payday lending industry. The federal government is attempting to bring this under the scope of the effective legal regulations under the provinces and territories.

The member has said that the Bloc is against this legislation. He mentioned how it would mostly affect low income and low wage earners. That is the reason why we have to bring the bill forward. We have to protect consumers. If he is against the bill, does he have any amendments that he would like to suggest to improve it?

Criminal CodeGovernment Orders

November 6th, 2006 / 4:25 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I thank the parliamentary secretary for his question. The federal government already has provisions available in the Criminal Code. For example, we could quite easily lower the criminal interest rate from 60% to 35%, as is already the case in Quebec jurisprudence. This would be within the authority of the federal government. However, regulating the business practices of such sectors as the payday loan industry does not fall under federal jurisdiction. In addition, we find it unacceptable to use Section 347 of the Criminal Code and Section 2 of the Interest Act in order to meddle in regulating business practices.

My suggestion to him is to work on reducing the criminal interest rate. I know that my colleague responsible for this matter will have the opportunity also to make other changes in committee. Without trying to prejudge the outcome, perhaps we will be able to agree on a suitable mechanism that will provide Quebec with complete jurisdiction and that will satisfy the concerns of the provinces and the territories. Perhaps there will be a provision that will exempt Quebec outright from the application of Bill C-26.

I am convinced that my colleague from Hochelaga has all the imagination and creativity required to suggest solutions to the government.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:25 p.m.

Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague from Joliette for his very good presentation on this bill. I represent 80,000 people and I often hear comments about how governments tax people's earnings too heavily. I would add that duplication of responsibilities—when both governments are responsible for the same jurisdictions—is another example of unnecessary expenditure.

I understand from my colleague from Joliette's wonderful presentation that in Quebec, the law already provides the kind of protection we are talking about and that the consumer protection bureau is the relevant authority for the types of loans targeted by this bill.

I would like to ask my colleague whether he thinks that the current government is failing to keep its promise to respect the jurisdiction of other levels of government in Canada.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:30 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I thank the hon. member for his question.

He is quite correct. Indeed, we have seen absolutely no indication that the Conservative way of governing is in any way different from that of the previous Liberal government. This can be seen in all kinds of files, for instance, concerning the fiscal imbalance. Despite its promise of December 19, despite the fact that it was reiterated in the Speech from the Throne and although they repeated in the recent budget speech their commitment to correct the fiscal imbalance in the next budget in February or March, we sense that the government—especially the Prime Minister—has been trying for weeks to find excuses, claiming that a consensus cannot be reached among the provinces. However, everyone knows that such a consensus will never be reached and that, when he made the promise, he committed to solving the problem once and for all, despite the differences among the provinces. Let us hope that this is the case and that a global resolution to the problem can be found in the next budget.

That said, I go back to the hon. member's question. It was noted that the federal government, even under the Conservatives, had a tendency to increase its operational expenditures much more quickly than its transfer payments. In that sense, things are getting worse, to the detriment of basic services provided to Canadians by the provinces and by Quebec, particularly in health care, education, infrastructure and in terms of the fight against poverty.

Here are some figures off the top of my head. From 1993-94 to 2004-05, federal operational expenditures increased by 50%. During that time, despite the health care agreement and other agreements they have gone on about over the past few months, transfer payments have increased only 29%. This is a sign of the fiscal imbalance. It is a sign of federal spending power and its interference in the jurisdictions of the provinces and of Quebec in particular. In that respect, nothing has changed since the last election.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:30 p.m.

Wellington—Halton Hills Ontario

Conservative

Michael Chong ConservativePresident of the Queen's Privy Council for Canada

Mr. Speaker, we have a plan to restore the fiscal balance.

We have done many things in the 2006 budget. We have reduced taxes, respected provincial jurisdiction and given a great deal of money to federal institutions.

We are going to take other measures in the 2007 budget to restore the fiscal balance. We are going to create a new federal infrastructure plan, an equalization plan, a plan for post-secondary education and a plan to spend part of the federal surplus. That is how we propose to restore the fiscal balance.

I would add that the Bloc Québécois can promise the moon, because it will not form the government.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:30 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I would remind the hon. member that we voted in favour of the budget for the very reason that in it, the government promised to correct the fiscal imbalance. Otherwise, we would have brought down the government.

I would also remind the hon. member that the Bloc members were the first to talk about the fiscal imbalance in this House. If the Bloc Québécois had not had a massive presence here, the Conservatives never would have made the promise they made on December 19. Now, they have an obligation to produce results. They have to keep their promise and live up to Quebec's expectations. I will repeat what I said during question period today: finance minister Michel Audet said in the National Assembly on April 12 that Quebec expected $3.8 billion, and not a penny less, to correct the fiscal imbalance.

We will see when the budget is tabled. As we announced, if the promise the Prime Minister made is broken, the Bloc Québécois will vote against the coming budget. Nevertheless, we can always dream and hope that the government will take the sensible course of action and find a lasting, comprehensive solution to this recurring problem.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:35 p.m.

The Acting Speaker Andrew Scheer

We have enough time for a short question and an equally short answer.

The hon. member for Sherbrooke.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:35 p.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, I would like to ask my colleague a question. I would like to return to the matter under consideration.

There have been exchanges concerning the fiscal imbalance, but people who are forced to take out small loans, small as they may be, at an interest rate of 60% also have to deal with a financial imbalance.

Payday lending is almost the equivalent of microcredit. I would like to point out that the 2006 Nobel Peace Prize was awarded to professor Muhammad Yunus of the Grameen bank. At present there are almost 1,200 microcredit branches that employ 12,000. We know very well that banks today make outrageous profits. Most are in the order of billions of dollars. Does my colleague not think that banks could play a social role by providing microcredit at acceptable interest rates?

Criminal CodeGovernment Orders

November 6th, 2006 / 4:35 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

The concerns of the member for Sherbrooke are quite valid. I remember that it was our concern when we examined the issue of bank mergers in the Standing Committee on Finance a few years ago.

We realize that many of our fellow citizens no longer have access to banking services despite regulations that should oblige banks to allow them to open a bank account. Thus, they find themselves in a parallel market where they are extremely vulnerable. We have some soul searching to do with regard to banking services as public services.

Criminal CodeGovernment Orders

November 6th, 2006 / 4:35 p.m.

The Acting Speaker Andrew Scheer

It is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Victoria, Literacy.