Bill S-5 (Historical)

Financial System Review Act

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

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.

Motion in Amendment

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, the amendments on transparency even pertain to avoiding some lawsuits based on the legal systems we have and making sure we do not get caught up in the courts. It is a very modest approach to make sure that we do not spend more money in the legal system for the banking decisions and disclosures that may be necessary for transparency.

I think Canadians want transparency. Right now I am dealing with the Panama free trade agreement, for example, and having transparency in that agreement is one of the things we are seeking to get from the government and the Panamanian delegates. We want them to have financial records that are accountable, so that we can see there is no money laundering or issues related to drug transfers and a whole series of things.

We want transparency. I think most Canadians support that concept.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, I notice that the Toronto Dominion Bank has just recently told seniors that their accounts are no longer free. They have to pay bank fees.

The Royal Bank started it. Now the Toronto Dominion Bank is doing the same thing, which means it has basically told seniors that it is no longer interested in giving them services. That is really unfortunate.

I wonder what my colleagues think about this, that seniors, after serving this country for all these years, are now told they have to pay extra bank fees?

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, as a TD customer since 1986, I am shocked. I did not know that.

It is unfortunate. One has to look at that extra cost, which will not be recovered in the economy. We know the bank is not going to apply that back into the economy but to its profit margin. It will not have the same impact as seniors being able to spend their money on groceries, on day to day living expenses, on prescription drugs and a whole series of things. Those things are now going to be lost to the overall economy.

Seniors' personal budgets are going to have to be stretched, but local economies are going to be stretched as well. We have not seen recent investment out there in regard to the banks' profits. Those profits have not gone back into the Canadian economy by any means.

The user fees are pretty incredible when one thinks about them. User fees are non-value added and are out of control. One of the lower hanging fruits we can actually provide to the Canadian economy is to lower the user fees and expensive service fees, which do not add value, and give them back to workers who are on the ground.

[Pierre Poilievre, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, the hon. member says he is against bank profits. Incidentally, his party is also against oil companies making profits. That is a great populist battle cry.

At the same time they claim to be in favour of the pensions of unionized workers. The problem is that pension funds for unionized workers in Canada are overwhelmingly invested in banks and oil companies, which can only pay profits or returns back to those unionized pension funds out of their profits.

Therefore, when the NDP proposes to hammer the enterprises with higher taxes, they are really proposing a tax on the pension funds of the unionized workers they purport to defend.

How does the hon. member reconcile those two conflicting points of view?

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I would ask you to intervene on this. The hon. member just said I was “against bank profits”. I would ask you to check the blues and come to the House about that. I did not say that in my speech, as the transcript will indicate.

I would ask the hon. member to apologize for that. He said I said something that is not true. That is being espoused fictitiously in the House of Commons.

Mr. Speaker, I would ask for your ruling on that, because I am tired of those types of things being used against me. If there is specific language that a member is going to quote me as having used, then please provide that language.

Second of all, I would just conclude by saying that I am not against bank profits; I am against banks gouging. The balance has been lost, and that is what we on this side want to fix.

[The Acting Speaker, Bruce Stanton]

We are going to resume debate, but on the member's question I think it is really just a matter of debate on the facts that have been exchanged here this afternoon.

Resuming debate, the hon. Parliamentary Secretary for Status of Women.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, I truly appreciate the opportunity to lend my voice to today's debate in favour of the timely passage of Bill S-5, also known as the financial system review act.

While very technical, this is very important legislation. Today's bill is not only the right thing for Canadians but the right thing for Canada's economy. More broadly, Bill S-5 builds upon and complements a range of initiatives that our Conservative government has introduced.

I will discuss some of those initiatives. The housing sector warrants particular attention in light of its role in the 2008 financial crisis and the ongoing pressures arising from the U.S. housing bubble that are still being felt by the American financial system and which have slowed that country's economic recovery.

In order to protect its housing market from the worst excesses seen abroad, our Conservative government has acted repeatedly and decisively to ensure its stability, especially with regard to the mortgage financing. Mortgage financing plays a key role in providing a reliable source of funds to prospective Canadian homeowners. Prudent mortgage lending standards and mandatory mortgage insurance for high ratio loans allowed Canada to avoid the housing crisis that occurred in other countries, especially in the United States.

Since 2008, our Conservative government has taken prudent and measured steps to ensure that this system remains stable over the long term. while maintaining economic growth. In 2008, 2010 and again in 2011, our government took proactive steps to protect and strengthen the Canadian housing market, which included reducing the maximum amortization period for new government backed insured mortgages to 30 years, requiring a 5% minimum down payment and a 20% down payment on non-owner occupied properties, lowering the maximum amount lenders can provide when refinancing insured mortgages to 85% of the value of the property, requiring buyers to meet a five year fixed rate mortgage standard and withdrawing government insurance backing on home equity lines of credit.

Those measures underline our government's continued action to protect the stability of the economy by ensuring lenders' practices are sustainable and the investments of Canadian families in their homes are secure. This would decrease the interest payments of Canadian families by tens of thousands of dollars over the life of a mortgage, helping to improve the financial well-being of Canadian households.

It is important to note that, because of measures like those, Canadians do not face mass foreclosures on their homes and our banks did not require taxpayer bailouts. That is why it is no surprise that Scotiabank chief economist, Warren Justen, said, “...when you look at what exists in Canada, this is still the best country in the world to be in”.

The measures in today's legislation would ensure that Canada's economy remains strong in this time of global economic uncertainty and would give it the flexibility to adapt quickly and easily.

[The Acting Speaker, Bruce Stanton]

Order, please. The hon. member for London--North Centre will have seven minutes remaining in her speech when the House next resumes debate on the question and the usual five minutes for questions and comments.

The House resumed consideration of Bill S-5, An Act to amend the law governing financial institutions and to provide for related and consequential matters, as reported without amendment from the committee, and of Motion No. 1.

Financial System Review Act

[The Speaker, Andrew Scheer]

The hon. parliamentary secretary has seven minutes left to conclude her speech.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, I appreciate the opportunity to finish this important speech.

This government has also made improvements to Canada's financial system by introducing effective consumer protection provisions for the consumers of financial products.

Unlike the NDP, this government understands the needs of Canadian consumers and has a proven track record of standing up for them. That is why since 2006 this government has protected consumers with new credit card rules that require consent for credit limit increases; a minimum 21-day grace period on new purchases; full disclosure for consumers and limits on other anti-consumer business practices. It has also introduced a code of conduct for the credit card and debit card industry to help small businesses deal with unfair practices, and has banned negative option billing for financial products.

More recently, as part of budget 2010, the government took action by introducing new measures to empower consumers of financial products. These included implementing a new code of conduct on mortgage prepayment information; beginning to implement the recommendations of the task force on financial literacy, starting with the creation of a financial literacy leader in the government; and banning the distribution of unsolicited credit card cheques. That last initiative has been warmly welcomed by consumer groups.

Indeed, at the finance committee, a consumer group stated:

[The government]...touched on the credit card cheques, and the reduced period of access to your money. That's a very good step forward for Canadian consumers, of course. The amount of money that Canadian consumers can access is also a good step forward.

As a result of these actions, Canadians can be confident that they will be provided with clear and relevant information when faced with important financial decisions that impact not only themselves but also their families.

Bill S-5 builds on the government's proven record of improving consumer protection by making important changes to federal financial institution statutes. In particular, this bill increases the maximum administrative penalty that the Financial Consumer Agency of Canada can levy, from $200,000 to half a million dollars; and it confirms that Canadians, including bank customers, are able to cash government cheques of amounts of less than $1,500 free of charge at any bank in Canada.

Again, this is only a continuation of this government's long and proven record in standing up for Canadian consumers.

We all recognize there is always work to be done to ensure the continuing stability of the Canadian financial system and that ongoing vigilance is vital. Indeed, that is why we are pushing for the timely passage of the financial system review act. The renewal of Canadian financial institution legislation on a regular basis has resulted in a robust and effective financial system that is aligned and more responsive to developments in the financial markets and the broader economy.

Moreover, passage of this legislation would maintain the long-standing practice of ensuring regular reviews of the regulatory framework for the financial institutions, a unique practice that sets Canada apart from almost every other country in the world, and one that is supported by those in the industry.

Commenting on Canada's unique practice of having mandatory reviews, the Canadian Bankers Association stated:

We believe strongly in the importance of ensuring that the legislative and regulatory framework is reviewed regularly and for that reason, we were pleased to see that the Bill proposes retaining the sunset clause for financial services legislation at five years.

The Canadian Life and Health Insurance Association stated:

The industry is very supportive of this Bill and urges that it be passed in a timely manner.

Clearly, today's bill provides a framework that will benefit all participants in the financial services sector, both financial institutions and everyday Canadians. As I noted, renewing Canadian financial institution legislation on a regular basis has resulted in a robust and effective financial system that is aligned with and responsive to developments in financial markets and the broader global economy.

In summary, I would encourage all members to join in our efforts to ensure the strength and stability of Canada's financial system and support the financial system review act.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I would like to thank the Conservative member for her speech.

My question is very simple. The Conservatives are saying that this is a very important bill. Basically, it is a review of the financial system. This bill has a major impact on economic stability. We know that the government is very much in favour of a stable economy and that this is something very important.

Since the government considers this bill to be important, can the hon. member tell us why it did not take advantage of this opportunity to conduct more extensive consultation than it did to review the financial system, as presented in this bill? Why did it not take this opportunity to engage in more extensive consultation?

[Susan Truppe, Conservative, London North Centre, ON]

Mr. Speaker, our government began consultations in September 2010. We received 30 submissions from a wide range of groups, and the hon. member also knows that the review is mandatory and takes place every five years. I would encourage the hon. member and all of the opposition to do the right thing and stand up for consumers and support this legislation.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, could the member for London North Centre comment further on how this bill would affect constituents and Canadians who require financial products and services.

[Susan Truppe, Conservative, London North Centre, ON]

Mr. Speaker, our Conservative government is making a number of changes to the federal statutes for financial institutions that will enhance the protection of consumers and financial services. These changes will confirm that Canadians, including bank customers, are able to cash government cheques in amounts of less than $1,500 free of charge at any bank in Canada and will increase the maximum penalty for a violation of the consumer provision consistent with penalties for other violations under financial institution statutes.