Mr. Speaker, today's legislation, Bill C-419 proposes a number of amendments to the financial institutions statutes in relation to credit cards. These amendments would modify business practices and disclosure requirements for credit cards issued by federally regulated financial institutions, including the way in which interest rates are calculated and applied to balances.
This bill is well-intended and our government shares its aim of improving financial protection for hard-working Canadians who use credit cards. In budget 2018, the government announced its intention to introduce legislation that would strengthen the tools and mandate of the Financial Consumer Agency of Canada, while advancing consumers' rights and interests in dealing with their financial institutions. With BIA 2, the government did exactly that.
These amendments that have been adopted with the most recent budget implementation act will lead to better outcomes for Canadians when dealing with their banks. Might I point out that, again, this was one of the most significant consumer protection packages since the FCAC's creation. Together, they will help ensure that banks have internal business practices that further strengthen outcomes for consumers, including ensuring consumers' financial needs are assessed when selling them products and services. They will ensure that the Financial Consumer Agency of Canada has the necessary tools to implement supervisory best practices, including directing banks to comply with their legal obligations and ordering restitution when charges have been improperly collected, and that consumers are further empowered and better protected, including ensuring that banks provide timely electronic alerts to consumers when they are at risk of incurring fees.
We are confident that these amendments to the framework will improve outcomes for Canadians because we grounded the legislation in evidence.
The Financial Consumer Agency of Canada, or FCAC, is the federal regulator dedicated to protecting bank consumers. As part of its ongoing work, the agency undertook broad reviews of banks' sales practices and of the best practices for consumer protection in Canada and abroad. Our government's action has also been informed by an important study from the Standing Committee of Finance on consumer protection and bank practices. The consumer protection changes we did respond to issues that were identified as part of these reviews.
In contrast to the member opposite's suggested bill, the amendments we brought forward were developed in consultation with a wide range of stakeholders, including consumer groups, financial institutions and officials from the provinces and territories. As colleagues know, consumer protection is an area in which both provincial and territorial governments and the federal government are active. Several provinces, including Quebec, have comprehensive financial consumer protection rules. As such, consulting provinces and territories is crucial before introducing new measures to avoid conflict and duplication.
Considering that BIA 2 contained a wide range of important amendments, I would like to at least highlight a few of the major changes. To start, our government has proposed a series of measures to improve the way financial institutions handle consumer complaints. Under our proposals, these institutions will be required to keep a record of all complaints and will be required to make this information available to the commissioner of the FCAC to help improve monitoring and oversight. In addition, the commissioner will assess the complaints-handling procedures of banks and ensure banks follow the rules.
We know that when Canadians have disputes with their banks, they deserve to have access to a resolution process that is fair and impartial. That is why bank consumers can take any complaint they cannot resolve with their bank to an independent body, free of charge. With these changes we will require these bodies to publish a summary of each final recommendation regarding a complaint, including the reasons for the recommendations. We will also require these bodies to report annually to the commissioner and to the public on their performance. These new reporting requirements will help the agency in its work and ensure that consumers are better protected.
Beyond complaints resolution, in cases where it has been found that banks have violated their obligations to consumers, we have proposed to increase the maximum penalty that can be imposed. Under our proposals, if the commissioner determines that a bank has breached its legal obligations, the maximum penalty that can be imposed will rise from $500,000 per violation to $10 million per violation. Furthermore, when the commissioner publishes a decision regarding a violation, those notices will include the name of the financial institution. We believe that higher penalties and publicly naming banks would create a stronger incentive for banks to comply.
We also introduced a new requirement for institutions to establish and implement policies and procedures to ensure products and services offered or sold are appropriate for customers' circumstances, including their financial needs; we have introduced a new definition of the term “undue pressure” and an enhanced prohibition on institutions; we have an enhanced requirement to provide cancellation periods for most ongoing products and services; we have enhanced the requirement that an institution may not impose a charge or penalty on a person unless the institution obtained the person's express consent for the provision of the product or service; and there is a new requirement that the maximum liability for an unauthorized credit card transaction be $50, unless the borrower was grossly negligent in safeguarding the credit card or specified information about the credit card.
There are also measures in our recent fall economic statement designed to empower and protect consumers as well.
First, we committed to developing a code of conduct for how banks should deliver their services to better meet the needs of seniors. To ensure that seniors can bank with confidence and to respond to the unique needs of Canada's aging population, the Financial Consumer Agency of Canada, with support from the Minister of Seniors, will work with financial institutions and seniors groups to create a code of conduct for banks to guide their delivery of services to Canadian seniors.
Once the code is developed, the agency will take steps to ensure that banks comply with this code of conduct and that seniors, as well as all Canadians, are aware of the rights and obligations under the code.
In addition, the agency will undertake a review of the way banks handle complaints, including an assessment of how effective the existing external complaint bodies are at resolving consumer complaints. The results of this review will help our government consider whether further changes to the consumer protection framework are needed.
Consumers want to know that financial products and services offered by banks meet the highest standards and that the fees they are paying for products and services are fair. For our part, our government is committed to supporting a financial sector that promotes competition and consumer choice and continues to deliver financial stability and economic growth. BIA 2 helps to fulfill this commitment, and we will continue to work with all stakeholders, including consumer groups, to further refine and improve consumer protection in Canada.
We know that Canadians work hard every day to build a better life for themselves and their families. In return for that hard work, they expect and deserve a stable financial system that safeguards their savings and investments. As a government, we take the protection of financial consumers very seriously, and that is why we are continuing our work to increase fairness and transparency and ensure that all Canadians benefit from strong consumer protection standards.