Mr. Speaker, our amendments to Bill C-29 all have the same objective, which is to uphold the rights of Quebec and the rights of Quebeckers. For those who may not know this, we often do great things in Quebec. For instance, Quebec has the best consumer protection laws anywhere in the Americas.
It is precisely these kinds of Quebec differences that Bill C-29 threatens. The banks have always found that Quebec's Consumer Protection Act favours ordinary people too much. The banks have always relied on their ally in Ottawa to try to get around it. This is simply a new chapter in the showdown.
Bill C-29 is a legislative and constitutional power grab. It is a Christmas gift from the federal government to the banks, on the backs of Quebeckers. We cannot let this happen.
In this mammoth bill, the current Liberal government buried an amendment to the Bank Act that includes a mysterious new financial consumer protection framework. The effect of this new clause is clear: Ottawa wants the banks to be above the law in Quebec. Government officials confirmed this before a parliamentary committee.
We have to go back to the early 2000s to understand what is happening now. An unpleasant surprise awaited Quebec consumers returning from vacation: their banks had started charging fees without telling them. This despite the fact that the Consumer Protection Act prevents banks from claiming costs “unless the amount thereof is precisely indicated in the contract”. Ripped-off consumers who tried in vain to get their banks to reimburse them turned to the banking ombudsman, who did nothing.
The consumers then availed themselves of the recourse provided in the Consumer Protection Act and filed a class action lawsuit in 2003. Their case made it to the Supreme Court, culminating in the Marcotte decision in 2014 after 11 years of litigation. The banks were forced to pay back $32 million to the people they tried to swindle.
I would like to comment on the Marcotte case because it led to Bill C-29. The ruling made it clear that, while the Bank Act governs the banks' operations, it does not govern their consumer relations. That was a Supreme Court ruling. The federal law and Quebec's law can therefore both apply because Ottawa's law governs the banks' operations and Quebec's law governs consumer rights, and that is where Bill C-29 comes in.
Now that the federal legislation will contain a tiny section called the “Financial Consumer Protection Framework”, the banks will be able to claim that the Canada Bank Act also covers consumer protection. They will therefore be able to argue before the courts that they basically need not comply with Quebec law. At present, consumers can turn to the Quebec Office de la protection du consommateur to assert their rights, which has a simple and effective process. It is free, which ensures that even the most vulnerable can access it.
If that is not enough, consumers can initiate class proceedings and ask a judge for a ruling. This bill would eliminate all that. From now on, consumers would only be able to approach the banks' ombudsman, an officially neutral employee, but one appointed and paid by the banks. What is worse, the ombudsman cannot make recommendations and cannot impose a penalty or fine.
That is how the Liberals are going to eliminate all the legal protections enjoyed by Quebec consumers with respect to hidden fees, unilateral changes to fees or services by the banks, the requirement to provide a contract in French, the ban on misleading advertising, and the possibility of cancelling an unfair contract. This will only benefit the banks.
Our rights are being pushed aside on a promise that Bay Street will be nice to us. That says it all. Justice is being replaced by an ombudsman appointed by the banks, someone whose authority is limited to handing down a slap on the wrist. This is very serious. It is an attack on Quebec and Quebeckers. In English Canada, there is minimal consumer protection when it comes to the banks. Outside Quebec, Bill C-29 will have little impact. Back home, this will be terrible.
I want to address the 40 Liberal members from Quebec. Instead of reading a French translation of a press release that was written in Toronto, they should be defending their people and telling their colleagues how good our system is for regular people. They should be educating their colleagues instead of acting like doormats.
Yesterday, during question period, I was quite troubled to hear the response of the Parliamentary Secretary to the Minister of Finance. He said that the Marcotte decision called on the government for a response and that Bill C-29 is that response. It is incredible.
In Marcotte, the court was not calling on the federal government. It was addressing the banks. When the Minister of Finance confuses the banks and the federal government, that is saying something. To him, it is six of one and half a dozen of the other. Personally, I am siding with regular folks and not the minister's friends who work on Bay Street.
That is not all. Not only is the government siding with the banks and against Quebec's consumers, but it is creating a loophole that every profiteer is eager to exploit. Today, it is the banks that the federal government is putting above the law. What will be next? Are wireless service providers going to ask for Ottawa's help to double how much they charge, without warning? Are internet service providers going to ask the same? Are we no longer going to be able to go after airlines to get our flight reimbursed if it is cancelled? Is that it?
Our amendment resolves all of these problems. It ensures compliance with the Consumer Protection Act, the best in the Americas. In contrast, Bill C-29 opens the door to abuse. It opens the door to court challenges. For 10 years, Quebeckers will not know what law protects them. For 10 years, Quebeckers will be better off abandoning their banks in favour of caisses populaires and the legal certainty under which they operate. At the risk of overstating the case, the federal government is even harming banks.
I urge my colleagues to support the amendments I proposed. If I understand correctly, the NDP and the Conservatives already support them. Our job is to represent Canadians, not powerful lobbies.