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.

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:45 a.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, I am not surprised to hear about the NDP's desire to over-regulate Canadians. I live in the province of Ontario and for five years in the early 1990s, we saw a vast increase in regulation.

However, I would like to talk about the bill. One of the pieces of that is to look at the five year review, which is very important. No one needs to take credit for having a review every five years. It is a practical piece inside the bill. It is similar to what I looked at in the new veterans charter. It is a living document and it has to reflect the changes of the day and the business climate of the day. Having the five year review inside the bill is positive, and it was supported by the Senate committee.

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:45 a.m.

Liberal

John McCallum Liberal Markham—Unionville, ON

Madam Speaker, as someone who used to work for the Royal Bank, I can agree that the Canadian banks do very well and are the envy of the world, as I think the member said.

The point I would make is that this favourable position of our banks is not because of the Conservative Party. It is in spite of actions by the Conservative Party. For example, in the nineties the Liberal government prevented banks from going down the path of deregulation. The Conservatives wanted to take that path. The Liberal government said no to bank mergers. The Conservatives wanted the banks to merge. Under the Liberals, people could have a mortgage for 25 years with 5% down. In 2006 the Conservatives made that 40 years and 0% down.

Does the member agree that the favourable situation of Canadian banks is in spite of positions taken by the members of his party rather than because of them?

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:45 a.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, the hon. member might note that in my speech I never talked about who should take credit. Our government is not looking to take credit for anything. We are looking to ensure that all businesses succeed and that they take credit for the work they do.

With respect to his point about reliving the past, I liken the Liberal Party to retired hockey players who are has-beens, rehashing all of the things they did—

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:45 a.m.

The Deputy Speaker Denise Savoie

Order, please. I regret to interrupt the hon. member. I would ask for a little order from members while the member for Huron—Bruce is answer questions.

The hon. member for Huron—Bruce.

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:45 a.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, getting back to my point about the parallel I was drawing between has-been hockey players and the members of the has-been party down there who are reliving the past. They are talking about things that were done in the early and mid-nineties. I mean we are 15, 16, 17 years on now. It is time to move forward.

We are looking forward to the success of all companies in Canada.

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:45 a.m.

Conservative

Joyce Bateman Conservative Winnipeg South Centre, MB

Madam Speaker, I appreciate my colleague for Huron—Bruce's comments. There were two notions in particular. I understand this is legislation, but the red tape reduction is of particular interest to me as it impacts the insurance industry. In fact, the president of the independent insurance brokers lives just down the street from me. I would love to be able to report how this legislation would assist him and so many other small business people in Winnipeg South Centre.

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:50 a.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, just briefly on red tape, one piece the member might look at in the bill is the Canadian acquisition of foreign entities and the ministerial review process that will take place with purchases over 10% of their assets value. That is important. We need to ensure, when there is an acquisition of a foreign bank or a position taken within a foreign entity, that there is a quick and timely review by the minister and the department. That would be part of cutting the red tape so a Canadian bank or institution does not have to wait for a prolonged period of time for approval.

Second ReadingFinancial System Review ActGovernment Orders

February 14th, 2012 / 11:50 a.m.

Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of National Revenue

Madam Speaker, it is a privilege to rise today in support of Bill S-5, the financial system review act.

While Bill S-5 is albeit largely a technical bill, it represents an important piece of legislation as it will help guarantee the ongoing security and strength of Canada's financial system, a vital sector of our economy. Today's bill would accomplish this by making a series of alterations to the various pieces of legislation governing Canada's financial system, including the Canadian Payments Act, which I will speak to in greater detail a little later.

Before doing that, I want to underline that today's legislation is mandatory and routine. This is as result of a long-established practice in Canada of engaging in mandatory five year reviews of our financial sector legislation. I will note that this latest five year review process began formally in September 2010 when our Conservative government launched a public consultation process open to all Canadians. Such mandatory five year reviews have helped to ensure that Canada has a well-regulated financial system. Indeed, it is the safest and most secure in the world.

As most members know, for four straight years Canada has been ranked by the World Economic Forum as having the soundest banks in the world. What is more, our well-regulated financial system is widely admired throughout the world.

In the words of a recent Ottawa Citizen editorial:

Our banking and financial system is the envy of the world. While the great money edifices of countries such as the U.S., Britain and Switzerland cracked at the beginning of the recession, Canadian banks stood firm.

As I mentioned earlier in my remarks, I would like to speak to elements of the financial system review act that address Canada's payment system, something Canadians interact with each and every day. Indeed, every year Canadians make 24 billion payments, worth more than $44 trillion. These payments allow us to run our businesses, sustain our household and allow governments to fund essential programs.

Canadians use various payment instruments to purchase goods and services, to make financial investments and to transfer funds from one person to another. These instruments include cash, cheques and debit and credit cards. Except for cash, payment instruments have traditionally involved the claim on a financial institution, such as a bank, credit union or caisses populaire.

Financial institutions, therefore, needed arrangements to transfer funds among themselves, either on their own or on behalf of that or their customers. A payment system is a set of instruments, procedures and rules used to transfer these funds. In Canada, our national system for the clearing and settlement of payments is run by the Canadian Payments Association, or the CPA, a not for profit organization of federally regulated financial institutions.

Clearly, no economy can properly function without a reliable and secure system of payments. However, the payments landscape is changing. For example, experiences in Canada and abroad since the 1990s demonstrate that clearing and settlement systems do not always include banks as direct participants. That is why Bill S-5 proposes to amend the Payment Clearing and Settlement Act to remove the requirement that there must be at least one bank involved. The new definition would allow more flexibility in establishing systems to clear such complex financial instruments as over-the-counter derivatives, or OTCs. This change would allow the Bank of Canada to oversee such systems that could pose systemic risk to the financial system.

Canada's leadership in reforming the global financial system through mechanisms, such as the G20, is well-known and a source of great pride for Canadians. One important Canadian commitment to our G20 partners is that all OTCs be cleared through central counterparties by 2012. This is an important step to ensure the resilience and stability of our financial system.

To meet our G20 commitments, it is imperative that Canadian prudential and market conduct regulators have the authority, tools and information necessary to monitor and regulate the Canadian OTC derivatives market on an ongoing basis. This means coordinating activities across current federal and provincial jurisdictions, as well as foreign regulators.

Bill S-5 proposes a change to the Payment Clearing and Settlement Act to make it clearer that the Bank of Canada can dispose information to other regulators, the payments clearing and settlement systems. This information sharing would help all parties understand the risks inherent in these link systems. Furthermore, failing to form such links could delay our ability to link to foreign systems and impinge on our ability to meet our G20 commitments.

This is the kind of evolutionary change that demonstrates the importance of regular reviews of our legislative framework to maintain Canada's leadership in financial services.

Bill S-5 would make another important and much needed change to the payments landscape. As hon. members know, Canada's credit unions are an important provider of financial services. More than five million Canadians and business owners are grassroots shareholders of co-operative financial services in Canada. One in three Canadians is a member of a credit union or caisse populaire.

In recent years, our Conservative government has shown its support for credit unions by supporting a federal credit union charter to accommodate growth and expansion of the Canadian credit union system. This would enable those credit unions that so choose to reach beyond provincial boundaries and pursue business strategies that are not constrained by provincial incorporation. It would also give credit unions a means to diversify their source of funding and spread their geographic risk exposure.

In that vein, in order to give federal credit unions a more effective voice in the Canadian Payments Association, today's bill would amend the Canadian Payments Act so that credit unions would fall within the co-operative class in the act rather than the bank class. At the same time, credit unions would still employ the long-standing, well-understood and robust governance, liquidity and clearing and settlement framework in use today. While it may sound like a simple technical change, it is an important one. This change would continue to promote a level playing field within the financial sector which would foster competition among players and ensure a stronger, more stable system overall.

The Credit Union Central of Canada, the national association for credit unions in Canada, said:

...we want to note our support for the proposed amendments....

Placing the federal credit union in the cooperatives class will preserve and strengthen the credit union system representation at the CPA. It will ensure that a federal credit union will be represented by a director, who speaks for the interests of cooperative financial institutions in CPA matters. A strong advocate at the CPA is important for the credit union system's ability to advocate on behalf of credit unions and to continue to operate payments facility efficiently and cost effectively, which has a direct impact on overall credit union system competitiveness.

I think all members would agree that a strengthened credit union is good for all Canadians.

For those reasons, I urge members to support the passage of this largely technical but important act which would ensure the smooth functioning of Canada's payment systems.

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

Financial System Review ActGovernment Orders

February 14th, 2012 / noon

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I would just like to say that a gag order has been imposed once again, and that this bill originated in the Senate. The members of the House have not debated this bill. This once again demonstrates the Conservatives' lack of democracy and transparency. The changes that this bill proposes have not been tested by users or by the ombudsman's office.

Is there not a need to add regulations regarding the fees consumers must pay to use automatic teller machines, for example? These fees are excessive and are not in the interest of the public, consumers, the average Canadian or families.

Financial System Review ActGovernment Orders

February 14th, 2012 / noon

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I would again point out that this legislation is mandatory and routine and it needs to be passed in this House by April 20. It really speaks to the unwillingness of the opposition to co-operate with the government in terms of even the most routine piece of legislation where we should be able to move it into committee in a relatively rapid fashion.

This is important legislation that is mandatory and routine, and the NDP continues to stall even the most routine of legislation from moving through this House in a timely way.

Financial System Review ActGovernment Orders

February 14th, 2012 / noon

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I need to follow up on the parliamentary secretary's comments. It is absolutely absurd. In this House in the last few weeks we have seen closure moved, in some cases, after 14 minutes of debate. Fourteen minutes of debate and the Conservatives say that it is not in their talking notes, that they got it from the Prime Minister's Office. They cannot stand having too much information, so they close the whole thing down. That is what they do systematically.

We have been raising important points and we have been asking questions in the House but we have not received any responses from the PMO's talking points.

The parliamentary secretary should know better about the use of closure. Why is the government moving the complete and exclusive control that can happen to Canadian financial institutions with $12 billion of assets or less? It is a simple question but we have not been given an answer.

Financial System Review ActGovernment Orders

February 14th, 2012 / noon

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, we want to talk about the large bank ownerships and the thresholds. In 2001, we had a largely wide held bank requirement. In 2007, it was raised from $5 billion to $8 billion to reflect the growth in banks. Since then, the sector has continued to grow. Accordingly, the large bank threshold would be increased from $8 billion to $12 billion to reflect the growth in the sector.

Again, this is mandatory and routine legislation that needs to move forward. The member across the way is one of my colleagues on the finance committee, and we will have the opportunity to look into some of the details that he is wondering about.

Financial System Review ActGovernment Orders

February 14th, 2012 / 12:05 p.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I would like to know why the Senate, an unelected chamber, was given the responsibility of examining and developing an extremely complex bill when 60% of Canadians voted against this government. We deserve answers and we deserve to be able to debate this extremely complex subject. This morning, we heard the Leader of the Government in the House of Commons refer to the chaos that would ensue if we do not examine this bill. It does not make any sense.

Why was this bill introduced in the Senate rather than in the House?

Financial System Review ActGovernment Orders

February 14th, 2012 / 12:05 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, although the member is new to this House, I think he does recognize that legislation goes through the House into the Senate or from the Senate into the House. It is part of our Constitution, it is part of how we move legislation forward and it is how we make progress in terms of ensuring both Houses are kept focused on important legislation.

At this point, although new, I think the member should recognize how our Constitution works and how we move legislation through Parliament.