Good evening, Mr. Chair.
Good evening, committee members.
We thank you for the opportunity to present to you today.
My name is Sylvie De Bellefeuille. I have been a lawyer with Option consommateurs for 13 years. I'm accompanied by my colleague Alexandre Plourde, who is also a lawyer.
Established in 1983, Option consommateurs is a non-profit association whose mission is to help consumers defend their rights. As such, we receive thousands of legal information requests every year from people experiencing difficulties with merchants, including financial services and travel. We also provide budget consultations to people who are struggling with debt and credit.
In our view, Bill C‑47 introduces a number of measures that will benefit Canadian consumers. Our remarks today will focus on three themes addressed in this bill: air transportation, the complaint process in the banking sector and usurious credit.
In recent years, there have been countless delays and cancelled flights by airlines, which have led to tens of thousands of consumer complaints. While changes have been made to the air transport regulatory framework to strengthen consumer protection, efforts still need to be made to provide adequate protection for Canadian travellers. We think Bill C‑47 responds to several of the requests we have made over the past few years.
First, the bill removes the three categories of flight disturbances so that only exceptional circumstances can justify a lack of compensation for passengers. This will then allow us to amend the air passenger bill of rights so that passengers can benefit from better protection.
Second, it closes certain loopholes in Canadian regulations that benefited airlines. This will put the onus on the carrier to prove that the delay or cancellation of a flight is not attributable to the carrier, rather than putting the burden of proof on the consumer. In addition, the bill requires airlines to compensate consumers for late luggage, not just lost luggage.
Finally, this bill makes it easier for air passengers to have recourse by requiring airlines to provide a decision to the consumer within 30 days and by creating a more effective complaints regime for the Canadian Transportation Agency, as well as requiring airlines to cover the cost of handling complaints filed with the Canadian Transportation Agency.
In short, we believe that the proposed amendments to the Canada Transportation Act are positive for consumers and should be adopted.
In the banking sector, we are pleased to see that Bill C‑47 finally puts an end to the ability of banks to choose the external body that will deal with complaints made against them by their clients. This is something that consumer associations have been waiting for for a long time.
In the current version of the act, a bank can choose between two external complaints bodies that are currently approved by the government. Needless to say, this situation raises serious questions about the independence of the handling of consumer complaints and, more importantly, about the appearance of bias in the process.
While we welcome the amendment in the bill to create a single external complaints body, we regret that the body's decisions remain non-binding on the banks, which could choose not to abide by them. To ensure full consumer protection, we believe that this bill should make the body's decisions binding on the banks.
Finally, Option consommateurs welcomes the initiative to lower the usury rate set out in the Criminal Code. The current rate, set at 60%, was introduced in the early 1980s, when the economic situation was significantly different and the Bank of Canada rate was around 20%.
That said, we have a number of reservations about the bill.
First, rather than the fixed rate proposed in the bill, we believe that a variable interest rate would make it possible to adapt to the economic situation. In a number of countries, the limit fluctuates based on the rates set by the central bank or the average market rate.
Second, contrary to what the bill proposes, we believe that no regulatory exceptions should be allowed for consumer loans. We therefore believe that exceptions such as the one concerning payday loans should be abolished.
Without this appropriate usury rate framework, lenders can easily take advantage of consumers and make them even more vulnerable.
Thank you.
I look forward to your questions.