Consumer-led Banking Act

An Act respecting the implementation of a consumer-led banking system for Canadians

Sponsor

Ryan Williams  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Report stage (House), as of Oct. 9, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-365.

Summary

This is from the published bill.

This enactment imposes certain obligations on the Minister of Finance in relation to the implementation of open banking in Canada.

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-365s:

C-365 (2017) An Act to amend the Criminal Code (firefighting equipment)
C-365 (2013) An Act to amend the Competition Act (inquiry into industry sector)
C-365 (2011) An Act to amend the Competition Act (inquiry into industry sector)
C-365 (2010) An Act to amend the Canadian International Trade Tribunal Act (appointment of permanent members)

Votes

March 20, 2024 Passed 2nd reading of Bill C-365, An Act respecting the implementation of a consumer-led banking system for Canadians

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-365 aims to implement a consumer-led banking system, also known as open banking, in Canada. It seeks to provide Canadians with greater control over their financial data, enabling them to securely share it with different financial service providers. The bill mandates the Minister of Finance to table a plan for implementation within 30 days of the bill's passage and introduce legislation within six months.

Conservative

  • Support for consumer-led banking: The Conservative party supports the implementation of a consumer-led banking system in Canada to provide consumers with greater control over their financial data and promote competition within the banking sector. They believe that this system would foster innovation, reduce banking fees, and offer Canadians more choices in financial services.
  • Addressing Canada's monopoly problem: The Conservatives argue that Canada faces a significant monopoly problem, particularly in sectors like banking, where a few large institutions control a majority of the market. They advocate for open banking as a means to break down these monopolies, increase competition, and drive down prices for consumers.
  • Government inaction and delays: The Conservative party criticizes the Liberal government for delays in implementing open banking, accusing them of stalling progress and failing to deliver on promises made to the fintech industry and Canadian consumers. They emphasize the need for urgent action to catch up with other countries that have already implemented similar systems.
  • Economic benefits and innovation: Conservatives highlight the potential economic benefits of consumer-led banking, including increased productivity, job creation, and a more competitive financial sector. They argue that it would empower fintech companies, attract investment, and enable Canadian businesses to compete globally.

NDP

  • Supports open banking: The NDP supports the bill as a step towards data sovereignty for consumers. They believe individuals should have the right to move their banking information seamlessly between institutions.
  • Need decommodified banking: The NDP argues that open banking alone is insufficient, and that decommodified banking is needed for the most vulnerable. Many Canadians cannot even get into a bank.
  • Postal banking solution: The NDP advocates for postal banking through Canada Post. They note that Canada Post already has the infrastructure and charter to provide banking services, especially in remote and Indigenous communities.
  • Address predatory lending: The NDP highlights the issue of predatory lending and high interest rates charged by companies like easyfinancial and Money Mart. They emphasize the need to rein in the banking sector's practices that harm vulnerable Canadians.

Bloc

  • Concern about open finance: The Bloc MPs express surprise that this is the first debate on open finance in the House, noting that discussions have largely been confined to experts and industry representatives. They emphasize the need to broaden the conversation to include consumer advocacy groups, privacy advocates, and provincial regulators.
  • Importance of financial stability: The Bloc stresses that the financial system's stability, rooted in strict legal obligations and financial responsibility of institutions, is its greatest asset. However, they caution that this stability can also lead to inflexibility and compartmentalization, which may not be suitable for the evolving data economy.
  • Need for caution: The Bloc raises concerns about the ability of technology companies to handle financial risks and emphasizes the importance of adapting regulations and prudential standards. They advocate for a clear framework with obligations, responsibilities, and oversight mechanisms to address issues like fraud and data leakage.
  • Constitutional concerns: The Bloc raises concerns about the constitutional issues related to regulating financial institutions, particularly co-operatives like Desjardins in Quebec. They express reservations about creating a two-tiered financial system and emphasize the need for coordination between the federal and provincial governments.

Liberal

  • Supports consumer-driven banking: The Liberal party supports the implementation of consumer-driven banking (also known as open banking) to allow people and businesses to securely transfer their financial data to different financial services providers. They believe that Canadians should have control over their own financial data and want to ensure that they are not subject to fees when accessing and sharing their data.
  • Bill C-365 is unnecessary: The Liberals will vote against Bill C-365 because they believe that it is not necessary and will be obsolete before it is even voted on. They argue that the Minister of Finance has already announced that budget 2024 will include legislation for the implementation of consumer-driven banking and that the government is already working on this issue.
  • Importance of data protection: The Liberal party emphasizes the importance of data protection and security. They are concerned about the risks associated with screen scraping and want to ensure that the financial system is safe and sound. They believe that the government should play a role in overseeing financial data sharing activities.
  • Modernize and protect: The Liberal party aims to modernize the banking industry while ensuring consumer protection. They want to learn from past successes, continue to modernize, protect consumers, and safeguard the financial industry, while ensuring financial transactions do not lead to exploitation.
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Consumer-led Banking ActPrivate Members' Business

March 20th, 2024 / 4 p.m.

The Speaker Greg Fergus

Is it agreed?

Consumer-led Banking ActPrivate Members' Business

March 20th, 2024 / 4 p.m.

Some hon. members

Agreed.

Consumer-led Banking ActPrivate Members' Business

March 20th, 2024 / 4 p.m.

The Speaker Greg Fergus

I wish to inform the House that because of the deferred recorded divisions, Government Orders will be extended by 36 minutes.