Financial System Review Act

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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the 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 reinforcing stability and fine-tuning the consumer-protection framework; and
(b) technical amendments to the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act, the Trust and Loan Companies Act, the Bank of Canada Act, the Canada Deposit Insurance Corporation Act, the Canadian Payments Act, the Winding-up and Restructuring Act, the Office of the Superintendent of Financial Institutions Act, the Payment Clearing and Settlement Act and the Financial Consumer Agency of Canada Act.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-5s:

S-5 (2022) Law Strengthening Environmental Protection for a Healthier Canada Act
S-5 (2021) An Act to amend the Judges Act
S-5 (2016) Law An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
S-5 (2014) Law Nááts’ihch’oh National Park Reserve Act
S-5 (2010) Law Ensuring Safe Vehicles Imported from Mexico for Canadians Act
S-5 (2009) An Act to amend the Criminal Code and another Act

Votes

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

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:25 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Madam Speaker, does the member opposite believe that this legislation goes far enough in preventing the possible calamities that went on in the more recent past with banks, including banks in Canada, investing in speculative and derivative ventures that lost an awful lot of money for Canadian banks? Does he believe it is necessary to include that in this legislation and, if not, why not?

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:25 p.m.

Conservative

Dean Allison Conservative Niagara West—Glanbrook, ON

Madam Speaker, I think we all agree that Canada has probably one of the most stable financial systems in the world. The fact that we have a chance to review the financial system every five years is a good indication. If we look at what happened recently with the challenges around the world and their financial systems, how well Canada did is a testament to how strong Canada's financial system is as we continue to move forward.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:25 p.m.

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Madam Speaker, a government report released under access to information and mentioned in the Journal de Montréal today says that our financial sector is vulnerable to organized crime. This is a government report. The journalist who got the report had to make an access to information claim.

Therefore, how would this bill answer the very serious questions of the involvement of organized crime in the financial sector? Are there any provisions in the bill for protecting ordinary Canadians from the activities of organized crime within the financial sector?

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:25 p.m.

Conservative

Dean Allison Conservative Niagara West—Glanbrook, ON

Madam Speaker, the financial system review act, or Bill S-5 , would continue to ensure that our financial system continues to be secure for Canadians and is a fundamental strength for our economy. If we look at some of the things the bill includes, it includes measures to update financial institutions legislation, to promote financial stability and to ensure Canada's financial institutions continue to operate in a competitive, efficient and stable environment.

The bill would also fine-tune the consumer protection framework, including enhancing the supervisory powers of the Financial Consumer Agency of Canada. The bill would also include measures to improve efficiency by reducing the administrative burden on financial institutions and by adding regular flexibility. These are just some of the things that the bill includes.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:25 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, it is good to have you here as we enthusiastically finish this part of the House of Commons day. This is an interesting debate that we have had with regard to the banks.

The first thing we want to note is that the bill s not thorough enough in its current form. We will support it to get it to committee but we will be looking for amendments. A lot of things are missing in this, such as an opportunity to address some of the unfairness that is happening in the Canadian financial institutions. I think that is important to recognize because it is actually affecting how we compete as a country. It is not just the individual elements related to user fees, ATM fees, credit rates and all those different things. It is also about how the use of capital is not being spread across this country, and where the priorities of the government are.

I would note that this industry getting this attention right now is rather interesting, coming late in the day, given the amount of profits and excess bonus fees that have gone to CEOs and the institutions, as well as the record tax cuts they have had. It is quite significant because it affects other parts of the Canadian economy. We lose money through our coffers.

This also gives an indication of where the priorities of the government are. It clearly has been to give the banks the upper hand, not only at the consumer level but also an economic advantage versus other industries that are suffering.

I would point out that we have not seen an action plan, for example, in the manufacturing sector. One of the things that is really critical to note is that in 2005, when the government came to power, we had a $16 billion trade deficit when it came to exporting and importing manufactured goods. So, a $16 billion deficit already behind, and now it has climbed to $80 billion. It is because of a number of successive trade deals that have taken place that have cost Canadian manufacturing, and we have not addressed many of the significant issues.

It is unfortunate because, as we were seeing the record tax cuts happening, we were witnessing hundreds of thousands of Canadian jobs being lost across Ontario and Quebec, whether it be in the forestry sector, the auto industry or the textile industry. We saw those industries, which were not profitable because of the downturn that took place and the lack of government policies, actually subsidizing the profits in the corporate tax cuts going to banks and other institutions.

As the corporate tax cut rate was being lowered and lowered, if companies were not making a profit it did not matter. While they were witnessing their opportunities diminish, the banks were getting benefits.

It is interesting that the oil companies and the banks in particular would get corporate tax cut reductions. The way it works in the United States is that it taxes on worldwide corporate profits. Therefore, our tax dollars out of Ottawa that were going to these profitable institutions that were making record profits were actually being taxed in Washington. It was getting our money. We were basically sending cheques from Ottawa to Washington. That is a strange economic way to improve a country. It is a strange way to actually benefit, even when we had the challenge in the United States with buy America.

We need to wonder what the Americans think about us over here, as we are actually handing them cash and, in the meantime, they are telling us that we cannot be involved in the buy America plan despite signing the NAFTA.

I would remind members of something that is very important. In a previous debate in this House, a member actually thought that the auto pact was in existence right now and that it came about because of the NAFTA. No. After we signed the NAFTA , one of the repercussions was that Japan took us to the WTO and the WTO ruled against Canada. We lost the auto pact. We lost all those jobs. We went from number two in the world in automotive manufacturing to number eight now, which is unfortunate. Those are value-added jobs.

When we see what is happening here in this sector, we need to wonder why we did not get certain things into the actual study. Part of it is that there was very little consultation. We note that there were only 30 submissions and 27 respondents with regard to this issue because it was not really promoted. If it does not get out there, people do not notice it.

That was the same type of approach we saw when the government did the deal with regard to the Canada and U.S. enhancement of the border perimeter security stuff that was recently announced. It was thrown up on a web site but there was no dialogue with the people presenting evidence and no expanding of the discussion.

It is the same problem we have had from this initial response. Hopefully, we will see that at committee because that is very important. It all depends upon the committee as whether there will be fairness with regard to witnesses, whether they will be heard and whether it will be done out of camera.

For those who follow the things that are happening on Parliament Hill, again today many committees met in camera, which means in secrecy, in private. Only the members who were at that meeting or another subsequent member sworn in later can go back and listen to that testimony again and get that testimony. Everything that is discussed in camera, unfortunately, never becomes part of the public record. We hope there will not be people in camera as witnesses, which would be unfortunate. However, I do not think it will go that far. We would like to see enough witnesses to ensure we will have proper hearings and a proper analysis.

One of the things I want to touch on is a consumer aspect because I have done a lot of work in the past on consumer issues. It is a good example of what we have addressed with regard to the changing world and our banking industry and financial institutions and privacy. In the United States, the patriot act was enacted and it is structured in such a way that when it goes to a company and asks for information about a person who has done business with that company, the company must provide that information to the U.S. government services and law enforcement. That information is used for whatever purposes. People do not have any ability to know that is happening because it is against the law for that company to disclose it.

Why is that important here today? Many of our financial institutions have data assembled in the United States. Therefore, because they are assembled in the United States, like my CIBC Visa, my Visa is now vulnerable to the patriot act without my knowledge and CIBC does not even know. It is used for whatever purposes. That is a good example of why we need an international treaty on the use of information. I do not think it is fair for Canadians to have their documents spied upon by Americans without a warrant. The way the PIPEDA works in Canada is that a warrant is needed to get that information. There is a check and balance through our justice system here. They can go after the cases where they think there are significant issues to look at but at the same time there is e the balance in review so tat people are not just having fishing expeditions done on them.

Why is that important? We have seen cases in the past, such as the Maher Arar case. He was deported but we did not know what information was assembled about Maher Arar. Some of it could have been his financial records or information. However, we had a lead government agency in the United States and a lead government agency in Canada conspire against a Canadian citizen and send him to a known torture state. We do not know, because of the patriot act, how all that took place and what information, if there was, was actually used. I believe we need an international treaty with the United States on how to share and disclose information because it has never been addressed. That took place in 2004. Our Privacy Commissioner has raised it, as have a number of different other people. It is important to recognize that.

Another important issue is the credit card fees. With regard to the honorary system we have now, it is simply outlandish. We cannot have this proprietary notion and predatory rates on credit cards, especially some of those that are the third party lenders. It is very significant. Some of them are at 25% to 27% and that is just wrong and should not happen. Some of the user fees, whether it be ATM or credit cards, all those are affecting our economy because the banks have not been re-investing that capital back into Canada to the degree where that money, if we stretch somebody's budget, would pay the rent, buy some clothes or send our kids to school, and would expand our purchasing power. We could do so on a more even basis if we were to look at those things because there is an economic opportunity for all of us.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:35 p.m.

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, this failure of the government to deal with credit cards and other bank fees touches more than just consumers. I would like my friend to comment on how this would impact small businesses in this country as they deal with banks. I am aware of one small business owner in my riding who was just advised that the banking fees for a small business with a bank, because there is nowhere else to turn as they cannot just go someplace else to get this done, would go up by 68% in one day. How does that impact a small business' ability to stay healthy in this country?

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:35 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, we have seen this in my community, in particular, in the auto industry, where they were denying loans. A lot of these companies were paying such high interest rates that they were not profiting, costing good Canadian jobs that were competing.

I did not say it in my speech, but it is important to recognize the history. The Liberal government and John Manley attempted to Americanize our banks. The Liberals said that they had to come together to compete in the global atmosphere to ensure we could compete in America and move some of necessary services and lending systems. The NDP stopped that. A small group of us at that time pushed back and stopped that from happening.

Therefore, when the banks talk about how great they are and what a great system they have for Canada, it is absolutely wrong. It is not true. They were forced to do that. In addition, lending practices still have not been fixed for small businesses, at all.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:40 p.m.

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, although the legislation touches upon measures to stop tax evasion, we have said that perhaps we do not have enough time to explore the idea that maybe penalties for tax evaders should be enforced in a greater way or in a more severe way to recoup the money that Canada's economy loses every year because of tax evasion.

Would my hon. colleague address the issue of tax evasion in the legislation?

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:40 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, tax evasion costs the Canadian economy. It costs us our ability to compete. It is simply nonsense.

We are moving toward more agreements that include tax evaders as part of our international treaties, for example, Panama. We are looking at doing free trade with Panama. Even President Sarkozy was very clear at slapping down Panama recently in terms of it being a tax haven.

Some new information is coming out about tax havens in a book entitled Treasure Island. It is unfortunate. What ends up happening is that if tax cheats are allowed, it costs ordinary citizens because we have to make up the difference.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:40 p.m.

Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, I appreciate the comments offered by my colleague from Windsor West. He was not far off in regard to the merger being supported by some members of the government at the time. John Manley was a big advocate. However, to say the NDP stopped the merger, it is a little far off. The NDP had 19 members in the chamber at the time and the Liberals had 161.

Could the member reach back into the NDP playbook to find out what those 19 members did to stop the mergers and perhaps get some advice from them as to how we can stop the government proceeding with things like time allocation?

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:40 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, we all know that the NDP punches above its weight. It is as simple as that.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:40 p.m.

Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, I want thank all the hon. members for the debate today. I think members have endeavoured to bring some ideas to the floor today. After the bill passes second reading, we will go to committee and we will continue to have more discussion about how we can continue to ensure Canada's sound financial system, which is a model for countries around the world. We are praised by countries around the world for our strong banking and economic and financial system. That needs to continue and get stronger. The financial system review act would ensure our financial system continues to be secure for Canadians and a fundamental strength for our economy.

Let us just quickly remind ourselves what is in the bill.

The bill includes measures to update financial institutions' legislation to promote financial stability and ensure Canada's financial institutions continue to operate in a competitive, efficient and stable environment. It proposes to fine-tune the consumer protection framework, including enhancing the supervisory powers of the Financial Consumer Agency of Canada, and improve efficiency by reducing the administrative burden on financial institutions and adding regulatory flexibility.

This is a good bill. It needs to go to committee and it needs to come back. We need to get on with the statutory review, as required under the law, and continue Canada's strong financial services sector.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:45 p.m.

The Acting Speaker Bruce Stanton

It being 5:45 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

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

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:45 p.m.

Some hon. members

Agreed.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:45 p.m.

The Acting Speaker Bruce Stanton

Accordingly the bill stands referred to the Standing Committee on Finance.

(Motion agreed to, bill read the second time and referred to a committee)