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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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 achieving three key objectives:
(i) enhancing the interests of consumers,
(ii) increasing legislative and regulatory efficiency, and
(iii) adapting those Acts to new developments;
(b) amendments to the Bills of Exchange Act to provide for the introduction of electronic cheque imaging; and
(c) 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 Bills of Exchange Act, the Canada Business Corporations Act, the Canada Deposit Insurance Corporation Act, the Canadian Payments Act, the Financial Consumer Agency of Canada Act, the Green Shield Canada Act, the Investment Canada Act, the National Housing Act, the Payment Clearing and Settlement Act and the Winding-up and Restructuring 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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-37s:

C-37 (2022) An Act to amend the Department of Employment and Social Development Act and to make consequential amendments to other Acts (Employment Insurance Board of Appeal)
C-37 (2016) Law An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
C-37 (2014) Law Riding Name Change Act, 2014
C-37 (2012) Law Increasing Offenders' Accountability for Victims Act
C-37 (2010) Strengthening the Value of Canadian Citizenship Act
C-37 (2009) An Action Plan for the National Capital Commission

Bank ActGovernment Orders

February 27th, 2007 / 4:55 p.m.

Liberal

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

Mr. Speaker, the member made a lot of comments and I am not sure how many questions he asked but I will try to answer him as best I can.

If the hon. member had asked me the question about bank closures a couple of years ago I would have agreed with him. I am not about to defend banks but in the last couple of years there has actually been an increase in bank openings in my riding. They have actually increased the number of hours.

We have Caisse Populaires in Quebec. Credit unions would be the equivalent. The Caisse Populaires have put together a great network of banking systems which have enabled them to compete against banks. This has the banks worried. We are receiving a lot of services in my riding.

I have gotten to know some of the regional managers in my area and when I hear a complaint I tell them about it and tell them that I do not like what I am hearing. We have had problems with some of the banks in terms of banking with individuals and businesses and we have been able to rectify those problems. We also have a very competitive BDC bank that is doing a lot of good work in my riding. I disagree with the member in that aspect.

We do not have payday lenders in my riding but a lot of cash-chequing services are sprouting up, and that worries me a bit. We do not have pawnshops but we have something similar and I do not like what I am seeing. The problems and issues are there.

We addressed that issue in the finance committee during our deliberations on Bill C-37. I want to remind the member that we were just looking at the statutory five year review of the Bank Act so it did not really fit in. We tried to fit in certain amendments to address bank closures. We requested the banking association to provide us with an analysis of the different branches and banks that closed during the year. We asked for this by geographical location and the reasons behind the closure. We hope to get that information. If not, we can always bring bank officials back before committee. They will be appearing before committee for ATM fees and the way the whole system works for electronic payment services.

Bank ActGovernment Orders

February 27th, 2007 / 4:55 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I forgot to ask my colleague's views on something that is important to me, which is the issue that we are dealing with at the privacy committee under PIPEDA. We are thinking of changing the personal information protection legislation to include the duty to notify. Thirty-four U.S. states have an absolute duty to notify individuals if their personal information has been compromised or if there has been a breach of identity.

Does the member agree that there should be a mandatory duty for the banks to notify people, even if they suffered no injury and even if the bank corrected the mistake before any material loss was suffered, so people will know how the bank is handling their personal information?

Bank ActGovernment Orders

February 27th, 2007 / 5 p.m.

Liberal

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

Mr. Speaker, customers should know about any type of information banks have on them. It is a big problem. We know that sometimes financial institutions do trade information but they tell us that they do not. I would be in favour of any type of disclosure that banks could provide the consumers on what is in their file so they could at least make comments if that information is not accurate. That was not an issue in the committee but we did have issues regarding criminality and theft and identity theft, but again that did not seem to be within the scope of the bill.

I am all in favour of better protecting the privacy of Canadians.

Bank ActGovernment Orders

February 27th, 2007 / 5 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak on behalf of the Bloc Québécois about Bill C-37.

The Bloc recognizes that this bill has some merits. The Bloc also has some concerns about this bill. Bill C-37 will not address some issues. We have heard many speeches in this House. There are aberrations. There are excesses on the banks' part. This bill will not correct these excesses or aberrations. By aberrations, I mean the interest rates on credit cards issued by the major banks, among other things.

I have been a member of the House of Commons since 2000. Believe it or not, although the Bank of Canada rate has occasionally gone down, it has risen slightly in the past few years. Still, it has never gone above the level it reached in 2000.

The interest rate on credit cards issued by the major banks and other financial institutions has risen by 6% since 2000. Obviously, people who pay their credit card bills before the deadline do not have to pay these significant charges. But people who, for various reasons, are having trouble making ends meet and do not make their payments by the deadline will have to pay interest.

Costs are going up in Quebec. The Charest government has raised hydro rates. It was cold in February, so people will notice an increase on their next bill. They will see how much their rates have gone up in the past two years—nearly 15%. Sometimes, we see sharp increases. I say “sharp increases”, because in the past two years, we have enjoyed relatively mild weather in January and February, but this year has been cold.

Citizens will see on their next bill, which will arrive in March, probably a little before the election date, the real increases in charges and costs that the Charest government will have had added on to their hydro bill. Then they may have to use their credit cards to pay their hydro bill. It is hard, especially when the rates charged by the credit cards issued by the big banks are getting close to 20%, with rates such as 19.9%, 18.9%. Not to mention the department stores whose interest rates may be as high as 24% or 25%.

Bill C-37 will not fix these aberrations, no more than it will fix the high bank fees for ATMs.

For some time now, when someone is the client of a bank and they use one of its ATMs, no fees have been charged. But if someone uses another financial institution’s ATM, there is a fee charged. The ATM that took your request charged you a fee, but the financial institution did not. For the past few years, when someone uses a competitor’s ATM, they are charged fees by their own bank for using a competitor’s ATM.

In the late 1990s and early 2000s, the banks streamlined their service centres. So today we are paying for the closures of points of service. Well established banks closed their client services saying that ATMs would replace them. On top of their being replaced, fewer services are offered and fees have been added.

Banks have disappeared from certain areas. In rural areas, in some communities, branches have been closed and moved to a neighbouring town. This is what happened in my community. We have an independent ATM, one that belongs to an independent company.

The bank that used to offer services to the population now charges us fees on top of those taken by the competitor’s ATM. In some communities, points of service have closed their doors. The institutions suggested that their clients use the ATM, claiming it would not cost them anything and would be cheaper. In addition to saving themselves money, they take our money away from us. Such is the banking reality. This is not something that will be fixed by Bill C-37.

Bill C-37 takes a somewhat broader approach, that is, it looks at broader banking strategy. Among other things, it will reduce the regulatory burden on foreign banks, credit unions and insurance companies, thereby making the regulatory approval regime more efficient. Furthermore, the government would increase the equity threshold from $1 billion to $2 billion, thereby making it possible for a single shareholder to wholly own a bank, thus encouraging new competitors on the market.

Once again, this is not targeted at small investors, as I was saying earlier. Bill C-37 is targeted more at bank administration. Although the Bloc Québécois supports the principle of Bill C-37, that is, to open the market to greater competition, we believe that it may allow for more service centres and therefore possibly fewer fees. However, we must ask ourselves some important questions. This is what my colleagues of the Bloc Québécois will do within the committee that is tasked with examining this bill. We will make certain that any changes to the regulations do not allow the kind of uncontrolled mergers and acquisitions we have seen before in the banking sector.

We will try to ensure that the purpose of Bill C-37, which is to promote competition and not concentration among the banks, is respected. The Bloc Québécois' goal is not to support legislation whose purpose is to ensure fewer banks. Indeed, what we want to ensure is greater competition. We want to open up the market and allow more major players in the field, in order to have more competition and more services. We do not want to see the opposite.

We hope that our colleagues in the other parties will understand the position taken by the Bloc Québécois. We want a more open system. We do not want concentration or the kind of uncontrolled mergers and acquisitions we saw in the early years of this century. At that time, the banks were determined to become major global players, to the point that ultimately the public was no longer getting service. For the big banks, this was not a problem as long as they were able to go and do business with the big players all over the world and finance the big capitalists of the world. It is easier to do business with one than with one million. Obviously, I can understand the bank president. I hope that he will understand me. Me, I work for the people. I am sorry but what I want is for the people to have service. If the bank president only wants to have to buy one dinner, that is his problem. I hope that one day he will have to buy a million dinners to do business with every member of the public, as we do, as the Bloc Québécois members of this House do, when we go out to meet with the public in the street. I hope that the bank president is going to come down from his tower from time to time and go and see what the people have to endure and live with.

So it is with that goal, that objective in mind that the Bloc Québécois will support this bill. It will support the bill on the condition that there be more service to the public, not less.

You have gathered that Bloc Québécois members will be following Bill C-37. We will be in committee to propose amendments so that we have more players in the banking game, hoping that with this bill we will succeed in reducing fees and making services more accessible to the public, at a better price. Too often, the public has to endure increases, as is the case in Quebec at present with the rise in electricity rates that is coming in March because of the Charest government.

We hope that we will be able to offer a little salve for their wounds by trying to reduce banking fees.

Bank ActGovernment Orders

February 27th, 2007 / 5:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I had the interesting opportunity to attend the shareholders meetings of two of the major Canadian chartered banks, the Bank of Montreal and the Royal Bank. I was accompanied by a colleague from Quebec, Mr. Yves Michaud. Mr. Michaud is a well-known shareholder activist who is seeking to change the way banks conduct themselves, to add an element of democracy into the shareholders movement, to mobilize shareholders through a shareholders' rights movement to where we can actually effect change in corporate Canada. Seeing as corporate Canada is outside the jurisdiction of Parliament and seems to operate as an entity unto its own, we wanted to introduce some elements of democracy.

One of the motions that we moved at the shareholders meeting of the Royal Bank was to require gender parity on the board of directors of the Royal Bank. I thought this was an exciting idea. The motion was moved by Mr. Michaud and was seconded by me. There were 1,300 people at the shareholders meeting and the only motions moved at that meeting by any shareholder were those moved by Mr. Michaud and seconded by me. None of the other shareholders seemed motivated at all into shareholder rights activism that we were seeking to achieve.

The other motion that we moved would have limited the salaries of the CEOs of those banks to 20 times that of the average employee. In other words, if the average employee made $50,000 a year--and I do not think that they do in the banks; the figure is probably less than that--it would be 20 times that and in round figures it would be $1 million a year.

That year John Cleghorn made $11.2 million. We figured that was 130 times the salary of the average employee. The average CEO in Japan makes 13 times that of the average employee.

Does my colleague agree with this kind of shareholder activism? If we have failed to include things in the Bank Act to make sure that the banks are serving the needs of Canadians, whether they live in Quebec or the rest of Canada, does he agree that we need to take that activism to the streets, to the shareholders meetings? Does he agree that we need to exercise the power that we have as shareholders to make sure that we are getting good service from our banks as per their obligations under the Bank Act?

Bank ActGovernment Orders

February 27th, 2007 / 5:10 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I thank my colleague for his question. Yves Michaud is very well known in Quebec. He is a great social democrat. We know that he has the advantage of being a recognized sovereigntist, a member of the Parti Québécois and of the Bloc Québécois. He is obviously a man who has the interests of the people at heart.

It is a well known fact that Mr. Michaud's suggestions to the boards of directors of big banks have always been in the interests of the people, who are once again having their property taken away from them. When we see bank fees go from $1.50 to $2.50, we know that part of the increase is being used to raise the salary of the bank's CEO.

I think that the idea that the remuneration of a bank CEO should be 20 times that of the average salary of employees should be considered. The government should show that it has a little backbone but the Minister of Industry has none and never will have. We will never see that, but the government could nonetheless show a little firmness and tell the banks that enough is enough and that they must change their ways.

People work to pay the salary of the CEO, whose only aim is to increase the bank's profits to get a bigger bonus at the end of the year. Not only does the CEO's salary increase but he or she also gets a bonus for reaching the objectives of the current year and exceeding those of the following year. It is not surprising then that the good folks who pay transaction fees at ATMs see those fees increase. On the one hand, it ups the CEO's estimates and, on the other hand, it increases his or her salary at the end of the year. The CEO is very happy to get a raise but that leaves less money in people's pockets. You can understand then that the Bloc will support any request or any legislation change that the government could introduce to call the banks to order.

Bank ActGovernment Orders

February 27th, 2007 / 5:10 p.m.

Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, I want to congratulate my colleague for his speech on the bill on bank regulation.

He talked briefly about the main objective of the Bloc Québécois concerning this bill, which is intended to promote competition. When there is more competition, there is necessarily a better service provided to the citizens. Competition is also essential to provide services at low costs.

As he said, the Bloc Québécois supports this bill. I would like to hear him on the following question. Could he tell us about the protection that citizens would have, through this bill, against the hungry banks that charge fees on all banking transactions?

Bank ActGovernment Orders

February 27th, 2007 / 5:15 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I would like to thank my colleague from Chicoutimi—Le Fjord for his question. I see that the member is and always has been an ardent defender of the people. That explains why he has been re-elected time after time. I understand.

We can create that better balance right here in this House. That is the Bloc Québécois' goal with respect to Bill C-37. We want to see more services and we want to encourage competition. That is why we are ardent defenders of our fellow citizens.

The proposed bank mergers were unrestricted. The banks wanted to get bigger and bigger as fast as possible to take over the world market. They did not care about serving people and were ready to charge citizens as much as possible. We will oppose that.

An entire section of this bill deals with fee disclosure and forcing banks to be transparent. Even members of this House do not find out about fee increases until we go to a bank machine.

We must ensure that the population is aware of the facts so that they can pressure boards of directors. That is happening. Shareholders must be informed and encouraged to take action. Action must be taken with respect to cooperative financial institutions. Quebec must be given the tools to look after its own affairs. We must ensure that citizens see costs go down rather than up because bank profits are skyrocketing. Everyone knows those profits come from people's pockets. We want to ensure that the banks take as little as possible from them.

Bank ActGovernment Orders

February 27th, 2007 / 5:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am not sure Canadians know their banking rights. I am not sure that they insist on having their rights respected in the context of banking. For instance, some of the payday loan companies, those rip-off outfits that have taken the place of banks in the inner city, are charging people 2%, 3%, 4%, even 5% to cash a cheque, even a government cheque. It is against the law to charge a fee to cash a government cheque and yet they do.

Also, one of the reasons people have to go to these rip-off alternate banking companies is that they do not have an account with an established bank. Banks have to open accounts for people, even if they have no money. In the trade we made with the chartered banks, we granted them the exclusive monopoly privileges on certain very lucrative financial services in exchange for providing basic needs to Canadians. One of those things is they have to open a bank account for people. All people have to do is show some ID, even if they have no money, and then they have a relationship which enables them to cash cheques.

Does the member share my concern that perhaps we have not informed Canadians of their banking rights so that they know enough to demand their rights and that they be respected in the context of banking?

Bank ActGovernment Orders

February 27th, 2007 / 5:15 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, my colleague is absolutely right.

The interest rate established by law is 60%. This rate is already unreasonable. The government allows this. It allows interest rates of 60%. To go higher than this rate is a crime.

First, I believe that we must do something about this. We must do so because 60% is already a crime, in my opinion. That is the reality. When a bank charges 3% or 4% to cash a cheque, we can calculate it in this way: 4% a day, over 365 days, comes to more than 1,200% a year. Thus, it is a crime.

The member is absolutely right. We must be able to make all these things public. People must stop being exploited and they should file criminal complaints against people who do these things. That is the reality.

Once again, we had a Liberal government and we now have a Conservative government that continues to support all this movement of credit that enriches the wealthiest and makes the people poorer. That is what the Bloc Québécois will try to fight against.

Bank ActGovernment Orders

February 27th, 2007 / 5:20 p.m.

The Deputy Speaker Bill Blaikie

Is the House ready for the question?

Bank ActGovernment Orders

February 27th, 2007 / 5:20 p.m.

Some hon. members

Question.

Bank ActGovernment Orders

February 27th, 2007 / 5:20 p.m.

The Deputy Speaker Bill Blaikie

The vote is on the motion. Is it the pleasure of the House to adopt the motion?

Bank ActGovernment Orders

February 27th, 2007 / 5:20 p.m.

Some hon. members

Agreed.

On division.

Bank ActGovernment Orders

February 27th, 2007 / 5:20 p.m.

The Deputy Speaker Bill Blaikie

I declare the motion carried on division.

(Motion agreed to, bill read the third time and passed)